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Divorce

10/21/2009
M. Scott Bucci
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Court of Appeals: Cars Are Joint Marital Property Under Virginia Law

In Lightburn v. Lightburn, husband and wife obtained a divorce. The trial court classified the couple’s vehicles as the property of the husband rather than the joint property of both husband and wife. As such, wife was not entitled to any of the cars’ value.

The Court of Appeals reversed that ruling, and noted that under Virginia law, there is a presumption that all property is jointly held by a married couple. The Court stated that the husband did not present enough evidence to rebut the presumption that the cars were owned by both he and his wife. Specifically, the appeals court stated that no evidence was introduced at trial to show that the husband purchased the cars using separate funds, all of which were acquired during the eleven-year marriage. Given the lack of evidence to the contrary and the presumption of joint ownership, the Court of Appeals reversed the trial court and ruled that the wife was entitled to half of the vehicles’ value.

Labels: equitable distribution joint property separate property