Property Division Lawyer Virginia Beach, VA

Q: Is Virginia a community property state?

No, Virginia is not a community property state. Instead, Virginia follows the equitable distribution model. Under Va. Code § 20-107.3, the court divides marital property in a manner it considers fair, weighing multiple statutory factors. This means a 50/50 split is not automatic. The court classifies assets as marital, separate, or hybrid, and only marital property is subject to distribution. Separate property—assets owned before marriage, inheritances, and certain gifts—remains with the original owner.

Q: How is separate property treated in a Virginia divorce?

Separate property is not divided by the court. Assets acquired before the marriage, inheritances, and gifts from third parties remain the sole property of the spouse who owns them. However, if separate property has been commingled with marital property—for example, by depositing an inheritance into a joint account—it may become partially marital. Tracing separate property can require detailed financial analysis, and Mr. Sris and his Of Counsel work with clients to identify and protect their separate assets.

Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

When a marriage ends in Virginia Beach, the division of property is governed by Virginia’s equitable distribution statute, Va. Code § 20-107.3. The court classifies assets as marital, separate, or hybrid, then distributes the marital estate equitably—not necessarily equally—based on statutory factors. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals in property division matters throughout Virginia Beach, Sandbridge, Oceana, and surrounding communities. For a consultation regarding property division in Virginia Beach, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What Property Division Means in Virginia Beach

In Virginia Beach, property division in a divorce is handled by the Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution under Va. Code § 20-96. The court applies Virginia’s equitable distribution framework—a system that seeks a fair, rather than an equal, split of marital assets and debts. Separate property, generally defined as assets acquired before the marriage, through inheritance, or by gift from a third party, is not subject to division.

The Virginia Beach court evaluates a broad set of factors when determining how to divide marital property. These include the duration of the marriage, each spouse’s contributions to the family’s well-being—both financial and nonmonetary—the ages and health of the parties, and how and when specific assets were acquired. The court also considers the tax consequences of proposed divisions and any other factors it deems relevant. Because no firm formula dictates the outcome, the specific facts of each case drive the result. Local procedural practices, such as the availability of mediation and the use of forensic accountants for complex estates, also shape how property division unfolds in Virginia Beach.

How Mr. Sris and His Of Counsel Handle Property Division Cases

Mr. Sris and his Of Counsel approach each property division matter by first gaining a thorough understanding of the marital estate. They work with clients to identify all assets and liabilities, classify them as marital, separate, or hybrid under Virginia law, and assess their value. Where real estate, business interests, retirement accounts, or investment portfolios are involved, the team often collaborates with valuation attorneys and forensic accountants to build a clear financial picture.

Once the estate is defined, Mr. Sris and his Of Counsel pursue resolution through negotiation, mediation, or, when necessary, litigation. They focus on achieving an outcome that aligns with the statutory factors while protecting the client’s financial future. Throughout the process, they remain available to answer questions and adjust strategy as circumstances evolve. The goal is always to present a well-supported position, whether at the settlement table or before the Virginia Beach Circuit Court.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised aspects of Virginia’s equitable distribution statute, Va. Code § 20-107.3. That background gives him a thorough understanding of how Virginia’s property division law operates.

Mr. Sris and his Of Counsel bring extensive combined legal experience to property division matters. Results may vary. The Of Counsel team includes attorneys with backgrounds in litigation, business valuation, and complex financial disputes, all of whom contribute to crafting a comprehensive approach for each client. Together, they serve clients from the firm’s Richmond location, handling matters in Virginia Beach and across the Commonwealth.

Frequently Asked Questions

Is Virginia a community property state?

No, Virginia is not a community property state. Instead, Virginia follows the equitable distribution model. Under Va. Code § 20-107.3, the court divides marital property in a manner it considers fair, weighing multiple statutory factors. This means a 50/50 split is not automatic. The court classifies assets as marital, separate, or hybrid, and only marital property is subject to distribution. Separate property—assets owned before marriage, inheritances, and certain gifts—remains with the original owner.

How does the court divide property in a Virginia divorce?

Virginia courts divide marital property based on what is equitable, not necessarily equal. The Virginia Beach Circuit Court first classifies all assets and debts as marital, separate, or hybrid. It then values the marital estate and applies the factors listed in Va. Code § 20-107.3, including the marriage’s length, each spouse’s contributions, the parties’ ages and health, and the tax consequences of the division. The court has discretion to award a larger share to one spouse when the facts support it.

What factors does the court consider under Va. Code § 20-107.3?

The court considers a range of statutory factors when making an equitable distribution. These include the monetary and nonmonetary contributions of each spouse to the family’s well-being, the contributions to acquiring and maintaining property, the duration of the marriage, the ages and physical condition of the parties, the circumstances that led to the divorce, how and when specific assets were acquired, the debts and liabilities of each spouse, the liquid or non‑liquid nature of the property, and the tax consequences of the division. The court also may weigh any other factor it finds relevant to achieving a fair outcome.

Can we reach a property settlement without going to court?

Yes, spouses can resolve property division by entering into a written property settlement agreement. When both parties agree on all terms and sign a separation agreement, they can avoid contested litigation. The agreement must be incorporated into the final divorce decree, and the Virginia Beach Circuit Court will review it for fairness. Mediation is available to help negotiate terms, and many divorces in Virginia resolve without a trial. For guidance on drafting or reviewing a settlement agreement, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How is separate property treated in a Virginia divorce?

Separate property is not divided by the court. Assets acquired before the marriage, inheritances, and gifts from third parties remain the sole property of the spouse who owns them. However, if separate property has been commingled with marital property—for example, by depositing an inheritance into a joint account—it may become partially marital. Tracing separate property can require detailed financial analysis, and Mr. Sris and his Of Counsel work with clients to identify and protect their separate assets.

What if we own a business or complex assets?

Business interests, professional practices, investment accounts, and real estate holdings require careful valuation in a Virginia divorce. The court must determine the marital portion of a business or asset, often with help from forensic accountants and valuation attorneys. Factors such as whether the business was started before or during the marriage and each spouse’s role in its success are critical. Mr. Sris and his Of Counsel coordinate with financial professionals to build a complete picture and present a well‑supported position on the value and division of complex assets.

Our firm serves clients across Virginia in family law and property division matters:

For authoritative legal references, see the Virginia Code, Title 20 (Domestic Relations) and the Virginia Judicial System website.

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Case results depend on a variety of factors unique to each case.