Henrico County Real Estate Division Lawyer — How Is Your Home Divided in a Divorce?
Dividing a home in a Henrico County divorce is governed by Virginia’s equitable distribution law, Va. Code § 20-107.3. As a Real Estate Division Lawyer Henrico County, Law Offices Of SRIS, P.C. provides full representation for property split cases. We have documented results in Henrico County. Call (888) 437-7747 for a case-specific approach.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
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 11 factors for a fair division. The statute was personally amended by Mr. Sris, the firm’s founder. The court must classify property as marital, separate, or hybrid. Marital property is subject to division, while separate property is not. The family home is often the most significant and complex asset to divide.
- File a Complaint for Divorce with the Henrico County Circuit Court, including a request for equitable distribution.
- Complete mandatory financial disclosures, listing all assets and debts, including real estate appraisals.
- Engage in discovery, which may include subpoenas for mortgage records and depositions.
- Attempt settlement through negotiation or mediation to agree on a property split.
- If no agreement, present evidence at a trial on equitable distribution for the judge to decide.
- Execute the court’s final order, which may involve refinancing, a buyout, or a forced sale.
External Legal Resources
For the official text of Virginia’s equitable distribution law, see Va. Code § 20-107.3 (official Virginia General Assembly). For court forms and local rules, visit the Henrico County Circuit Court website.
Options for Dividing the Marital Home
In Henrico County, dividing a home in divorce involves several potential outcomes, each with significant financial and legal implications.
| Option | Process | Financial Considerations | Typical Use Case |
|---|---|---|---|
| Buyout by One Spouse | One spouse keeps the home and refinances the mortgage to remove the other’s name, paying them their equity share. | Requires qualifying for a new mortgage alone; may involve cash payment or credit from other assets. | When one spouse has significantly higher income and wants to maintain stability for children. |
| Sale of the Home | The home is sold on the open market, and net proceeds are divided after paying off the mortgage and sale costs. | Market conditions affect sale price; capital gains tax may apply if not reinvested in a primary residence. | When neither spouse can afford the home alone or both wish to sever financial ties. |
| Co-ownership for a Period | Both spouses remain on the deed and mortgage for a set time (e.g., until children graduate). | Both remain legally liable for the mortgage; requires a detailed written agreement on expenses. | To provide short-term stability for children in a high-conflict or financially tight situation. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Henrico County Property Division
Law Offices Of SRIS, P.C. was founded in 1997. The firm has over 120 years of combined attorney experience. Our approach to property split lawyer Henrico County cases is informed by deep knowledge of local courts. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm unique insight into the law’s application. We understand the financial and emotional stakes involved in dividing a home.
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 documented record of favorable outcomes. In Henrico County, we have achieved positive results for clients facing property division. For example, we have secured agreements where one spouse successfully bought out the other’s interest in the family home. In other cases, we have negotiated favorable sale terms that maximized our client’s financial recovery. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s managing attorney and a former prosecutor, provides oversight on complex cases. His background in accounting and information systems offers an advantage in analyzing financial records related to real estate.
Real Estate Division Lawyer Near Henrico County
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. We are a Real Estate Division Lawyer Henrico County for communities including Glen Allen, Short Pump, Innsbrook, Tuckahoe, and Highland Springs.
Law Offices Of SRIS, P.C. — Richmond
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. 24/7 phone consultations.
Frequently Asked Questions
How is home equity divided in a Virginia divorce?
It depends. The court determines the marital share of the home’s equity and divides it equitably under Va. Code § 20-107.3. Factors include each spouse’s contributions to the home’s acquisition, care, and improvement.
Can I be forced to sell our house in a divorce?
Yes. If neither spouse can buy out the other and co-ownership is not feasible, the Henrico County Circuit Court can order the home sold and the proceeds divided. This is a common outcome.
Who gets to stay in the house during the divorce?
It depends. The court can issue a pendente lite (temporary) order granting one spouse exclusive use of the marital home during the divorce process. The decision is based on factors like children’s stability, financial resources, and ownership history.
What if my name is not on the mortgage or deed?
You may still have a claim. If the home was purchased with marital funds or marital effort contributed to its value, it is likely marital property subject to division, regardless of whose name is on the title. A home division in divorce lawyer Henrico County can analyze your specific situation.
How is a home’s value determined for divorce?
Typically, a licensed real estate appraiser provides a current market value appraisal. Both parties can agree on an appraiser or each hire their own. The court may average two appraisals or hear testimony to determine value.
For more information on related legal issues, see our pages on Virginia family law, Chesterfield County family law, and Henrico County criminal defense.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.