Gaynor v. Hird

To the extent that [the courts order] purports to divide the jointly owned residence, it is in error. Although a trial court may appropriately consider a partys contribution to the acquisition of marital property, see § 20-107.3(E)(2), it has no authority to divide marital property. McGinnis v. McGinnis, 1 Va. App. 272, 276, 338 S.E.2d 159, 161 (1985). It only has authority to partition jointly owned property, and this may be done only in a manner that will insure that each owner receives the amount of money or property to which his interest in the property entitles him. Morris v. Morris, 3 Va. App. 303, 310, 349 S.E.2d 661, 665 (1986).