The presence of community property in the estate of a Virginia domiciliary poses a series of problems that are being faced with increasing regularity by a growing number of Virginia attorneys. While Virginia has always followed the common-law system of property ownership, Virginia also adheres to the general rule that " (a) change of domicile from a state where the community property prevails to a commonlaw state does not affect the community character of property previously acquired".1 Thus, although Virginia's common-law system of property ownership will govern the property rights of married persons who have moved from a community property state to Virginia insofar as their future property is concerned, the laws of the state where the married persons were domiciled at the time any community property was acquired will continue to control their vested rights in this community property as well as their rights in any after acquired property that is purchased with the proceeds of or income from this community property.

Document Type


Publication Date

Summer 1978