Equitable distribution in Fairfax, VA, involves distinguishing between marital property and separate property. property division attorney fairfax va Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, on the other hand, refers to assets owned before the marriage, inheritances, gifts, or anything explicitly excluded by a prenuptial agreement. However, the line between these categories can blur, especially when separate property is commingled with marital assets.