West virginia marital property 2025

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The first question to ask yourself when considering WV marital property division is how the law defines marital property. Under WV Code 48-1-233, marital property includes any property acquired during the marriage or that increased in value during the marriage.
Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
Generally, if you own a house before marriage, it is your separate property. The house would need to be titled in your name alone. If you add her name to the title, then it becomes a marital asset.
Adultery can lead to a fault-based divorce Their lawyer will submit evidence to the courts showing that their spouse was unfaithful and then ask a judge to grant them a divorce.
The judge may say that something is not marital property if it was a gift to one particular spouse or if it was inherited by one of the spouses. The general rule is that marital property should be divided in half between the husband and wife.

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If you purchased your house during the marriage, the court categorizes it as marital property. However, if you purchased the home using entirely separate property funds, and your spouses name does not appear on the title, the court may award it to you as your separate property.

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