Q: Hi, for a divorce in Virginia. Can the spouse claim funds in an account that is only under the other spouse’s name? Tx!
A: It depends on the source of the funds. Just because an account is only in the name of one spouse, if the funds were aqcuired during the marriage it could still be considered marital property. However, if the funds were aquired prior to the marriage or in some other specific curcumstances, and always kept separate from the marital property, then it is possible that the funds could be separate property not subject to equitable distribution in a divorce. You should consult privately with a divorce attorney to discuss your specific situation.
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