Property Division Lawyer in Winchester

Helping Clients Protect Their Assets in Virginia

With over 75 years of combined legal experience, Buchbauer & McGuire, P.C., can help you obtain your rightful property during a divorce. Our Winchester property division attorneys will help you negotiate with the other party for your best interests.

If an agreement cannot be reached, we will aggressively litigate your position in the courtroom.

Don’t wait! Call our office at (540) 508-8995 or contact us online to schedule your initial consultation today. We are based in Winchester, but serve residents of Shenandoah Valley and the surrounding areas.

Common Types of Assets Involved in a Divorce

In a divorce, property division can include various financial and physical assets. Common types include:

• Real Property (Real Estate): Real estate assets typically include the marital home, vacation properties, and rental investments. These properties may be sold, divided, or awarded to one spouse depending on state laws and financial circumstances. The value of real estate is often appraised to ensure an equitable distribution.
• Financial Assets: Financial assets such as bank accounts, retirement funds, and investment portfolios are subject to division based on contributions and legal agreements. Some assets, like 401(k) accounts or pensions, may require a Qualified Domestic Relations Order (QDRO) for proper division. Stocks and mutual funds may be liquidated or split between spouses, depending on the settlement terms.
• Personal Property: Personal belongings, including vehicles, jewelry, and household items, can be divided based on ownership history and sentimental value. Items of significant worth, such as antiques or collectibles, may require appraisals before distribution. While some personal property is split amicably, disputes may arise over high-value or emotionally significant possessions.
• Debts and Liabilities: Debt acquired during the marriage, such as mortgages, credit card balances, and personal loans, is typically divided between spouses. Some debts may remain with the person who incurred them, while others are split based on financial circumstances. Courts often determine responsibility based on who benefited from the debt and the ability to repay.
• Business and Professional Assets: Business ownership, partnerships, and professional practices can be complex to divide, especially when one spouse contributed financially or operationally. Courts may evaluate business valuations and determine whether a buyout or revenue-sharing arrangement is appropriate. Intellectual property, such as patents or royalties, may also be subject to division if created during the marriage.
• Insurance and Benefits: Life insurance policies with cash value, health insurance, and pension benefits are often considered in divorce settlements. Some employer-sponsored benefits, like military or government pensions, may have specific rules for division. Spouses may need to negotiate continued coverage or adjustments to existing policies.
• Other Assets: Inheritances, lawsuit settlements, and digital assets such as cryptocurrency can be subject to division depending on how they were handled during the marriage. If an inheritance was kept separate, it may remain with the receiving spouse, but if commingled, it could be divided. Digital assets, including online businesses or NFTs, are becoming more relevant in modern divorces.