Real Estate Division Lawyer Henrico County — How Is Property Divided in a Virginia Divorce?
Dividing real estate in a Henrico County divorce is governed by Virginia’s equitable distribution law, Va. Code § 20-107.3. This statute, personally amended by our firm’s founder, requires a fair—not necessarily equal—division of marital property. As a Real Estate Division Lawyer Henrico County, Law Offices Of SRIS, P.C. has documented results in local property division cases.
Virginia Law on Dividing Real Estate in Divorce
Virginia is an equitable distribution state, not a community property state. This means all marital property, including the family home, investment properties, and land, must be divided fairly based on a detailed analysis of 11 statutory factors. The court’s goal is a fair outcome, which may involve one spouse keeping the house in exchange for other assets, ordering a sale, or awarding exclusive use for a period.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
The primary statute is Va. Code § 20-107.3 (official Virginia General Assembly). All divorce and property division filings for Henrico County residents are handled at the Henrico County Circuit Court.
- File for Divorce: The property division process begins with filing a Complaint for Divorce in Henrico County Circuit Court, stating grounds for divorce.
- Financial Disclosure: Both parties must file detailed financial statements, disclosing all assets, debts, income, and expenses, forming the basis for property division.
- Classification of Property: The court will classify each asset as marital, separate, or hybrid. The marital portion of any hybrid asset is subject to division.
- Valuation: Marital real estate must be appraised to determine its current fair market value, often requiring a neutral, certified appraiser.
- Consideration of Factors: The judge applies the 11 factors in Va. Code § 20-107.3 to determine a fair distribution, which may involve offsetting assets or ordering a sale.
- Court Order: The final divorce decree will include a property settlement order detailing the division, which is legally enforceable.
Potential Outcomes for the Marital Home
In Henrico County, dividing a marital home can result in one spouse being awarded the property, a forced sale, or exclusive use for a set period, with the outcome heavily dependent on the statutory factors.
| Potential Outcome | How It Works | Common Considerations |
|---|---|---|
| Award to One Spouse | One spouse receives full title and responsibility for the mortgage; the other receives offsetting assets of equivalent value. | Used when one spouse has greater financial ability to maintain the home, often to provide stability for minor children. |
| Order for Sale | The court orders the home sold, with net proceeds divided between the spouses according to the equitable distribution percentage. | Common when neither spouse can afford to maintain the home alone or when offsetting other assets is not feasible. |
| Exclusive Use & Possession | One spouse lives in the home for a specified period (e.g., until children reach 18), after which it is sold or refinanced. | A temporary solution to minimize disruption for children; the ultimate division of equity is deferred. |
| Buyout | One spouse buys out the other’s equity interest, often through a refinance, and becomes the sole owner. | Requires the buying spouse to qualify for a new mortgage alone and have sufficient cash to pay the equity share. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Property Division
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex financial divorces. Mr. Sris personally played a key role in amending Virginia’s central equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into the legislative intent behind the law’s factors. We have a documented record of favorable outcomes in Henrico County family law matters.
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
Our firm’s strategic approach to property division is informed by deep experience. For instance, Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides critical oversight on cases involving intricate financial portfolios and real estate holdings. His personal amendment of the equitable distribution statute is a unique credential that informs our advocacy.
Contact Our Henrico County Real Estate Division Lawyers
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
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 the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. As a property split lawyer Henrico County, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Real Estate Division in Divorce FAQs
Is my house automatically split 50/50 in a Virginia divorce?
No. Virginia is an equitable distribution state, meaning the marital home is divided fairly based on 11 factors in Va. Code § 20-107.3, not automatically 50/50. The court considers contributions, debts, and each spouse’s economic circumstances.
What happens to the house if my name is not on the deed?
It depends. If the home was purchased during the marriage with marital funds, it is likely marital property subject to division, regardless of whose name is on the deed. The key factor is the source of the funds used for purchase and mortgage payments, not just title.
Can I be forced to sell our home in a divorce?
Yes. If neither spouse can afford to maintain the home alone or if offsetting its value with other assets is not possible, the Henrico County Circuit Court can order the home sold and the proceeds divided equitably between the spouses.
How is the value of our home determined for the divorce?
The value is typically established by a mutually agreed-upon or court-appointed certified real estate appraiser. The appraisal determines the fair market value, which is used to calculate equity (market value minus mortgage debt) for division purposes.
Who gets to stay in the house during the divorce process?
Either spouse can file a motion for exclusive use and possession of the marital home pendente lite (during the lawsuit). The court will decide based on factors like financial ability, children’s needs, and safety. This is a temporary arrangement pending final division.
Internal Links: For more on Virginia divorce law, see our Virginia Family Law hub page. We also assist clients in nearby areas like Chesterfield County and Hanover County. For other legal needs in Henrico, consider our criminal defense or personal injury services.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.