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Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
The general rule is that marital property should be divided in half between the husband and wife. This rule applies unless there is a good reason that one spouse should have more or less than half.
Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it. For instance, a vehicle that was purchased during the marriage is considered marital property even if it is registered and insured in only one spouses name.
West Virginia operates under a principle of equitable distribution, which means the court divides the marital estate in a manner that equitable.
Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.

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Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it. For instance, a vehicle that was purchased during the marriage is considered marital property even if it is registered and insured in only one spouses name.
Property Division in West Virginia When a couple divorces in West Virginia, the court will divide the marital property based on equitable distribution. Equitable division does not have to be equal, but the court must start by presuming that all the marital property will be split equally between the spouses.
In practice, judges in an equitable-distribution state like West Virginia often divide marital property with approximately 2/3 of marital assets going to the higher-earning spouse, and 1/3 going to the lower-earning spouse.
Property Division in West Virginia When a couple divorces in West Virginia, the court will divide the marital property based on equitable distribution. Equitable division does not have to be equal, but the court must start by presuming that all the marital property will be split equally between the spouses.
West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.

Related links

chapter 48. domestic relations. - West Virginia Code

48-7-101. Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the

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The CPAs Guide to Financial and Estate Planning - Vol 3

When she died, the trust property, as well as the property in a marital trust established by her predeceased husband, was to be divided equally between her

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West Virginia Republicans and Womens Rights in the Age of

Even though Virginia did not pass its married womens property act until 1877, womens ownership of property through the separate estate had become accepted in

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