The house is titled in my name. Can my spouse claim a share of the equity?
A: Possibly. Legal title to the property is not the determining factor in deciding whether an asset is "marital" property and therefore subject to division by the court. It is possible for an asset to be separately titled to one party and nevertheless be a marital asset. However, if a piece of property was acquired prior to the marriage, remained titled to one spouse, and no marital funds or efforts were ever contributed to the property, the statute would classify it as separate property.
The Court cannot order one party to transfer title of a separately owned piece of property to his or her spouse, but the Court can order that the owning spouse pay the other a sum of money for his or her interest, which is called a "monetary award."
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Stafford, Virginia 22554
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