West Virginia Property Division Guide

West Virginia follows equitable distribution with a unique twist: the law presumes marital property should be divided equally. Under W. Va. Code § 48-7-101, courts must divide marital property equally unless specific factors justify a different outcome. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

The Equal Division Presumption

West Virginia law is explicit: upon every judgment of divorce or separation, the court shall divide marital property equally between the parties. This means:

• 50/50 is the starting point—not just a goal
• Courts must justify any deviation from equal division
• The presumption applies regardless of who earned more income

West Virginia's equal division presumption makes a full asset inventory critical. Estimate your divorce costs now:

Marital vs. Separate Property

Only marital property is subject to division. This includes assets acquired during the marriage. Separate property typically remains with its original owner:

• Marital property—Assets acquired during marriage
• Separate property—Assets owned before marriage, gifts, and inheritances; for strategies to safeguard these assets, see our guide on protecting separate property in West Virginia

Factors for Deviation

Under W. Va. Code § 48-7-103, courts may alter the equal division based on:

• Monetary contributions to property acquisition
• Non-monetary contributions—including homemaking and childcare
• Preservation and maintenance of marital property
• Dissipation of assets—conduct that depreciated property value
• Economic circumstances of each spouse

Role of Marital Fault

West Virginia takes a clear stance: fault or marital misconduct shall not be considered in determining property distribution—except for economic consequences of that conduct. This means adultery won't affect property division unless it caused financial harm.

Special Property Rules

West Virginia gives special treatment to certain assets:

• Inherited property—Courts prefer to retain ownership with the inheriting spouse
• Business interests—Preference given to the spouse who operates the business
• Gifts—Similar preference for retention by recipient

Separation Agreements

Under W. Va. Code § 48-7-102, spouses can create their own property settlement agreement. Courts will approve agreements unless they were reached through:

• Duress or fraud
• Unconscionable conduct
• Terms so inequitable they violate equitable distribution requirements

The Family Home

Learn more about who gets the house in a divorce and how West Virginia courts handle real estate division.

Next Steps

Understanding West Virginia's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• West Virginia presumes equal (50/50) division
• Courts may deviate based on statutory factors
• Fault is not considered except for economic impact
• Inherited property and business interests get special treatment
• Separation agreements are recognized if fair

For official forms and court information, visit the West Virginia Judiciary. Review the West Virginia divorce timeline to understand the process. Consulting with a West Virginia family law attorney is recommended for divorces involving significant assets.