Is Virginia a community property state?

1. Dividing property at divorce

   The court determines title, ownership and value of all the spouses' property and may make a monetary award after considering listed factors, including any others needed for a fair and equitable award.^[1]

   “shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties”^[1]

   Va. Code § 20-107.3 · checked October 26, 2026

2. Marital property

   Marital property is property titled in both spouses' names, property classified as marital under the hybrid-property rules, and all other property acquired by either spouse during the marriage that is not separate property.^[1]

   “Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision 3, (ii) that part of any property classified as marital pursuant to subdivision 3, or (iii) all other property acquired by each party during the marriage which is not separate property as defined above.”^[1]

   Va. Code § 20-107.3(A)(2) · checked October 26, 2026

3. Separate property

   Separate property includes property acquired before marriage and property acquired during marriage by bequest, devise, descent, survivorship or gift from someone other than the other spouse.^[1]

   “Separate property is (i) all property, real and personal, acquired by either party before the marriage; (ii) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party …”^[1]

   Va. Code § 20-107.3(A)(1) · checked October 26, 2026

Not legal advice. Plain-English summaries of Virginia’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Virginia.