What constitutes marital property?
Marital property is all property that is either jointly titled, or acquired during the marriage other than by gift from third persons or by inheritance, no matter how titled. The court is allowed to award jointly titled property to either party, or order such property sold. The court may not award separately titled marital property to the non-title owner; however, the court is authorized to award a “monetary award” to the non-title owner, whereby the spouse who has more marital property titled in his/her name is required to pay a sum of money to the non-title owner. There is no presumption of equal division of marital property under Virginia law.
