A Norfolk Divorce Attorney discusses gifts, bequests, and inheritances. Generally, Virginia’s equitable distribution statute, Section 20-107.3 of the Code of Virginia, 1950, as amended, defines separate property. Separate property defined in the code includes all property acquired during the marriage by gift, bequest, descent, survivorship or gift from a person other than the spouse. Additionally, the date the gifts. bequests, and inheritance are actually received is the date to be used for the classification of the property. However, it is important to note that separate property from a gifts, bequests, and inheritances may change or evolve. The gifts, bequests, and inheritances may change from separate property to marital property by the use and maintenance of the property. When an individual inherits property while married, he would be well served in making sure that the property is not mixed with either marital or part marital property. If a divorce occurs, the individual will need to be able to properly trace the property from the starting part to its current status. If the person is unable to trace the property, he may lose some of the property during a divorce.
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