property division in Virginia

Half?  No.  However, if Joe made ANY payments toward the mortgage during the marriage, then he has transmuted the property from his sole property into a hybrid property - this is, part separate/part marital.  This is because income earned during the marriage by either party is considered to belong to both parties.  In this situation, if she makes a claim to a marital interest in the property then a calculation would have to be done to determine how much of the equity in the property is attributable to Joe's separate contribution (e.g. his down payment, any payment toward the principle from mortgage payments made prior to the marriage) versus how much is a marital contribution (e.g. any paydown in principle made during the marriage).  Since a large portion of the early mortgage payments goes to interest and not principle, the increase in equity from two measly mortgage payments is probably minimal and definitely not worth fighting over.  Still, I have seen many people wiling to pay more in lawyers fees to fight over something than what it is worth, despite my admonitions not to.   If, on the other hand, Joe paid cash for his house and made no payments during the marriage, then it would remain his sole and separate property, free from any claim by his spouse. 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.