Any property you brought into the marriage is considered your separate property and not subject to equitable distribution in a divorce. It remains your separate property, so long as you did not do anything to co-mingle it with marital property. For instance, if a mortgage was still owed on it and you paid this mortgage with income earned during the marriage, this would transmute the property into a hybrid of part-separate and part-marital. However, since you specified that the property was paid in full prior to the marriage, this should not be an issue. Likewise, if you made improvements to the property with marital funds, this could open the door to your spouse making a claim on it. If there has been nothing like that, then it should remain your separate 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.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.