Me and my husband are getting a divorce. The land was give as a gift can he take the property in divorce

In real estate, the house and the land are not treated as two separate properties.  The house is considered an improvement upon the land, but presumably it is all part of one deed.  The fact that you added his name to the land would seem to indicate that you intended to convert it to marital property, so you would have to show documentation of how it was given to only you.  With the house being added to it, the question becomes how was the house paid for - did you pay cash or are you paying on a mortgage.  Where did the down payment and mortgage payments come from?  Assuming you have been making any payments during the marriage, then the property is going to be at least part marital and, yes, your husband can make a claim on it.  That doesn't mean that it is necessarily divided 50/50.  Your lawyer can run some calculations to determine what his marital share is and then you may be able to buy him out of his share, if you want to keep the property.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.