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West Virginia WV AI draft

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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

West Virginia divides marital property equitably, presuming equal division but allowing deviation based on statutory factors. Non-marital property is excluded from equitable distribution.

Statutory Factors

The following factors are commonly evaluated under West Virginia law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: W. Va. Code §48-7-103 ↗

Source: https://code.wvlegislature.gov/

Source & verification AI draft
Citation
W. Va. Code §48-7-103
Source URL
https://code.wvlegislature.gov/
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Reference Library

West Virginia Property Division

West Virginia Code §48-7-103 provides for equitable distribution of marital property with a presumption of equal division. Courts may deviate based on factors including the length of the marriage, contributions of each spouse, economic circumstances, and dissipation of assets. Non-marital property — owned before marriage or received by gift or inheritance — is excluded from division.

Citation: W. Va. Code §48-7-103

Source: https://code.wvlegislature.gov/

Last updated: 2026-05-19T01:39:53.999979

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