Property Division

What is the name of your state (only U.S. law)? Virginia

I have a question regarding property distribution in Virgina. My spouse and I bought a house and moved into it about 6 months before we were married. I contributed 75% of the down payment and she contributed 25%. The home was titled joint tenants in common. In the case of divorce, how would this be divided? We both work and make comparable salaries and paid mortgage upkeep, etc together out of our joint account. Is my 75% piece of the down payment traceable back, even though it was 6 months before we got married.

In addition, we jointly titled all of our bank accounts (Checking and Savings) about a year before marriage. Again, I had about 75% of the assets and she had 25%. Is this traceable back?

Thanks

You made her 50% owner of these assets by the way they are now titled. She OWNS 50% of each co owned account and property..

Ok...I understand that. So the funds from the house I put in the down payment are not traceable in an equitable distribution case?

va_fund said:

Ok...I understand that. So the funds from the house I put in the down payment are not traceable in an equitable distribution case?

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In an equitable distribution state, the judge has significant discretion and can consider things like that. The biggest factor will likely be how long you were married. If you were married only a short time, the court is more likely to consider the starting point. If you've been married for years, they might not.