Henrico County Marital Property Lawyer — How Is Your Property Divided?
Marital property division in Henrico County is governed by Virginia’s equitable distribution statute, Va. Code § 20-107.3, which was personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. A marital property lawyer Henrico County can protect your rights to assets like homes, retirement accounts, and businesses. Contact us for a case-specific approach.
Virginia Equitable Distribution Law
Virginia is not a community property state. Instead, it follows the principle of equitable distribution under Va. Code § 20-107.3. This means the court divides marital property fairly, but not necessarily equally, based on 11 statutory factors. The law distinguishes between marital property (acquired during the marriage) and separate property (acquired before marriage or by gift or inheritance). A marital property lawyer Henrico County is essential to classify assets correctly and argue for a favorable division.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 20-107.3 (official Virginia General Assembly). All family law matters are filed at the Henrico County Circuit Court.
Handling Property Division in Henrico County
In Henrico County Circuit Court, judges consider the entire marital estate. The process often involves discovery, appraisals, and sometimes forensic accounting for complex assets like businesses. The court’s goal is a fair division, which may involve selling property and splitting proceeds, awarding an asset to one spouse with an offsetting payment, or transferring retirement accounts via a Qualified Domestic Relations Order (QDRO).
- Identify and Disclose Assets: Both parties must fully disclose all assets and debts through a financial affidavit.
- Classify Property: Your attorney will help classify each asset as marital, separate, or hybrid (partly both).
- Value the Estate: Obtain professional valuations for real estate, businesses, pensions, and other complex assets.
- Negotiate or Mediate: Attempt to reach a property settlement agreement outside of court to maintain control.
- Court Presentation: If no agreement is reached, present evidence on the statutory factors to the judge for a decision.
- Implement the Order: Execute deeds, QDROs, and transfers as ordered by the final decree.
Potential Outcomes in Property Division
In Henrico County, equitable distribution does not guarantee a 50/50 split; the court divides assets based on fairness after considering multiple factors.
| Asset Type | Classification | Division Method | Common Issues |
|---|---|---|---|
| Marital Home | Typically Marital | Sale & split equity, buyout, or co-ownership | Determining equity, market value, refinancing |
| Retirement Accounts (401k, Pension) | Marital Portion | QDRO to transfer a percentage | Valuing the marital portion, tax implications |
| Family Business | Often Marital | Buyout, continued co-ownership, sale | Business valuation, active vs. passive growth |
| Inheritance | Separate (if kept apart) | Usually retained by inheriting spouse | Commingling with marital funds |
| Debts (Mortgages, Loans) | Marital or Separate | Assigned based on who incurred debt and why | Liability for joint debts after separation |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Property Division
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep, firsthand knowledge of the law’s intent provides a distinct advantage. With over 120 years of combined attorney experience and a record of 4,739+ firm-wide case results, our team understands how to present complex financial cases effectively in Henrico County Circuit Court.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results
Our firm has 21 total documented case results in Henrico County across all practice areas, with a 100% favorable outcome rate. These results include successful negotiations and court rulings on property division, where we have secured favorable allocations of real estate, retirement accounts, and business interests for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Marital Property Lawyer Near Henrico County
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, and I-295, serving Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
How is property divided in a Virginia divorce?
No, Virginia uses equitable distribution, not 50/50 community property. The court divides marital property fairly under Va. Code § 20-107.3, considering factors like each spouse’s contributions, the marriage’s duration, and economic circumstances.
What is the difference between marital and separate property?
Marital property includes most assets acquired during the marriage. Separate property is owned before marriage, received by gift or inheritance, or from a personal injury award. A key role of a community property division lawyer Henrico County is to trace and prove the separate nature of assets.
How is a house handled in a divorce?
It depends. The marital home is usually marital property. Options include selling it and splitting the equity, one spouse buying out the other’s interest, or in rare cases, temporary co-ownership. The mortgage and refinancing ability are major factors.
Are retirement accounts divided in divorce?
Yes. The portion of a 401(k), pension, or IRA earned during the marriage is marital property. It is typically divided using a court order called a QDRO, which allows a tax- and penalty-free transfer to the other spouse’s retirement account.
What happens to debt in a divorce?
Debt is also subject to equitable distribution. The court assigns responsibility based on who incurred the debt, for what purpose, and each party’s ability to pay. However, creditors can still seek payment from both parties on joint debts regardless of the divorce decree.
Can I get my spouse’s inheritance?
No, not typically. An inheritance received by one spouse and kept separate from marital funds is that spouse’s separate property. However, if the inheritance was commingled (e.g., deposited into a joint account), it may be considered marital.
Related Legal Help in Henrico County
If you are facing a divorce, you may also need guidance on criminal defense or DUI charges. For other family law matters in the region, see our pages for Chesterfield County and Hanover County. Learn more about our firm’s approach on our Virginia family law hub page.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.