When couples in Virginia divorce, one of the most contentious issues can be determining who gets to keep the house. The family home often represents more than just a piece of property—it can carry emotional significance, memories, and stability. At Cheryl Eddy Benn, P.C., we help clients in Virginia Beach navigate the complexities of property division and protect their interests throughout the divorce process.

Understanding Property Division in Virginia

Virginia follows the legal principle of equitable distribution when dividing marital property. This means that the court will divide property fairly, though not necessarily equally, between the spouses. The house is typically considered marital property if it was purchased during the marriage, regardless of whose name is on the deed.

Separate vs. Marital Property

• Marital property includes assets acquired during the marriage, such as income, homes, and retirement accounts.
• Separate property includes anything acquired before the marriage, inheritances, or gifts given to one spouse.

If the home was purchased before the marriage but used as a marital residence, it may be considered partly separate and partly marital, especially if both parties contributed to mortgage payments or renovations.

How Courts Decide Who Gets the House

When deciding who gets the house, Virginia courts consider several factors, including:

• The contributions (financial and non-financial) of each spouse to the home
• The needs of any minor children, especially regarding custody and stability
• Each spouse’s financial circumstances
• Whether either spouse has misused marital assets

The court may decide to:

• Award the home to one spouse and require them to buy out the other's interest
• Order the house to be sold and the proceeds divided
• Allow one spouse to remain in the home temporarily, especially when minor children are involved

Negotiating Property Settlements Outside of Court

In many cases, divorcing couples in Virginia can agree on property division through negotiation or mediation, rather than relying on a judge. At Cheryl Eddy Benn, P.C., we work to help clients explore these alternatives and reach practical agreements that preserve family stability and financial security.

Let Cheryl Eddy Benn, P.C. Help Protect Your Future

If you're facing divorce and unsure about what will happen to your home, the legal guidance of an experienced Virginia Beach attorney can make a significant difference. We take the time to understand your priorities and fight for outcomes that support your long-term well-being.

Contact Cheryl Eddy Benn, P.C. today to discuss your divorce and property division options.