Real Estate Division Lawyer New Kent County — How Is Your Home Divided?
Dividing a home in a New Kent County divorce is governed by Virginia’s equitable distribution law, Va. Code § 20-107.3. As a Real Estate Division Lawyer New Kent County, Law Offices Of SRIS, P.C. provides full representation for property split and home division in divorce. We have documented results in the local Circuit Court. Call for a case-specific approach.
Virginia Law on Dividing Real Estate in Divorce
Virginia is an equitable distribution state, not a community property state. This means marital property, including the family home, is divided fairly but not necessarily equally. The court follows Va. Code § 20-107.3, which lists factors for a fair division. This statute was personally amended by Mr. Sris, the firm’s founder. Separate property, such as a home owned before marriage or received as a gift or inheritance, is usually not divided. However, if marital funds were used for improvements or mortgage payments, the other spouse may have a claim for reimbursement.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures, visit the New Kent County Courts website.
Handling Home Division in New Kent County
In New Kent County, the home is often the most valuable asset. The court’s goal is a fair result. Common solutions include selling the home and splitting the proceeds, one spouse buying out the other’s interest, or awarding the home to one spouse with an offset from other assets. The court considers each spouse’s monetary and non-monetary contributions to the home’s care and value. A property split lawyer New Kent County can analyze your mortgage, equity, and tax implications.
- Identify and Value Assets: List all marital property, including the home, other real estate, bank accounts, and retirement funds. Get a professional appraisal for the home.
- Classify Property: Determine what is marital (subject to division) and what is separate (not divided). Trace the source of funds for the home’s purchase and improvements.
- Negotiate an Agreement: Work with your attorney to propose a fair division in a property settlement agreement. This avoids a judge deciding.
- Court Review or Trial: If you agree, the judge reviews the agreement. If you cannot agree, the court will hold a hearing on equitable distribution.
- Implement the Order: Execute the court’s final order, which may involve refinancing, executing a deed, or listing the home for sale.
Potential Outcomes for Your Home
In New Kent County, dividing a home in divorce can lead to a sale, a buyout, or exclusive use awarded to one spouse, with the outcome based on fairness under Virginia law.
| Scenario | Legal Process | Financial Considerations |
|---|---|---|
| Sell the Home | Court orders sale; proceeds split after paying off mortgage and sale costs. | Capital gains tax may apply; realtor fees and closing costs reduce net proceeds. |
| Buyout by One Spouse | One spouse keeps home, pays other spouse for their share of equity. | Refinancing required to remove other spouse from mortgage; accurate equity calculation is critical. |
| Exclusive Use Award | One spouse stays in home temporarily, often until children reach adulthood. | Responsible spouse pays mortgage and upkeep; final division deferred until future sale. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Property Division
Law Offices Of SRIS, P.C. was founded in 1997. Our team has over 120 years of combined legal experience. We focus on the details of property division. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm direct insight into the law’s application. For home division in divorce lawyer New Kent County needs, we use this experience to seek a fair result for your case.
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
Case Results
Our firm has a record of documented results. In New Kent County, we have 11 total documented case results across all practice areas with a 100% favorable outcome rate. These results include matters involving asset division. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex property division cases, leveraging his background in accounting and information systems for matters involving business assets and financial analysis.
Real Estate Division Lawyer Near New Kent County
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64, Route 33, and Route 249. We serve New Kent, Providence Forge, and Quinton.
Available 24/7 for 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 a house divided in a Virginia divorce?
It depends. Virginia courts divide marital property, including a house, fairly under Va. Code § 20-107.3. The court can order the house sold and proceeds split, one spouse to buy out the other, or award temporary use. The outcome depends on factors like each spouse’s financial situation and contributions.
Who gets the house in a divorce in Virginia?
No one is automatically entitled. The court decides based on fairness. A spouse who is the primary caregiver of minor children may be awarded temporary use. Often, the house is sold if neither spouse can afford it alone after the divorce.
Is my spouse entitled to half my house if it’s in my name?
It depends. If the house was purchased during the marriage with marital funds, it is likely marital property, regardless of whose name is on the deed, and is subject to equitable division. If it was your separate property before marriage, it may remain yours, but your spouse could claim a share if marital funds increased its value.
What happens to the mortgage in a divorce?
Both spouses remain legally responsible to the lender if both names are on the loan. The divorce order can assign responsibility, but the lender is not bound by it. To fully protect yourself, the spouse keeping the house should refinance the mortgage into their name only.
How long does property division take in New Kent County?
If agreed, it can be part of an uncontested divorce taking 2-4 months. If contested, the equitable distribution process can extend a divorce to 9-18 months or longer if the estate is complex with business valuations or multiple properties.
Internal Resources
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in New Kent County. Learn more about our Richmond location.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.