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WV Code § 48-7-108 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-108. Interest or Title in Property Prior to Judicial Determination

As to any third party, the doctrine of equitable distribution of marital property and the provisions of this article shall be construed as creating no interest or title in property until and unless an order is entered under this article judicially defining such interest or approving a separation agreement which defines such interest. Neither this article nor the doctrine of equitable distribution of marital property shall be construed to create community property nor any other interest or estate in property except those previously recognized in this state. A husband or wife may alienate property at any time prior to the entry of an order under the provisions of this article or prior to the recordation of a notice of lis pendens in accordance with the provisions of part 7-401, et seq., and at anytime and in any manner not otherwise prohibited by an order under this chapter, in like manner and with like effect as if this article and the doctrine of equitable distribution had not been adopted: Provided, That as to any transfer prior to the entry of an order under the provisions of this article, a transfer other than to a bona fide purchaser for value shall be voidable if the court finds such transfer to have been effected to avoid the application of the provisions of this article or to otherwise be a fraudulent conveyance. Upon the entry of any order under this article or the admission to record of any notice with respect to an action under this article, restraining the alienation of property of a party, a bona fide purchaser for value shall take such title or interest as he or she might have taken prior to the effective date of this section and no purchaser for value need see to the application of the proceeds of such purchase except to the extent he or she would have been required so to do prior to the effective date of this section: Provided, however, That as to third parties nothing in this section shall be construed to limit or otherwise defeat the interests or rights to property which any husband or wife would have had in property prior to the enactment of this section or prior to the adoption of the doctrine of equitable distribution by the Supreme Court of Appeals on May 25, 1983: Provided further, That no order entered under this article shall be construed to defeat the title of a third party transferee thereof except to the extent that the power to effect such a transfer of title or interest in such property is secured by a valid and duly perfected lien and, as to any personal property, secured by a duly perfected security interest.
WV Code § 48-7-109 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-109. Tax Consequences of Transfer of Interest or Title

Notwithstanding the provisions of chapter eleven of this code, no transfer of interest in or title to property under this article is taxable as a transfer of property without consideration nor, except as to spousal support, create liability for sales, use, inheritance and transfer or income taxes due the state or any political subdivision nor require the payment of the excise tax imposed under article twenty-two, chapter eleven of this code.
WV Code § 48-7-110 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-110. Requiring Sums to Be Paid Out of Disposable Retired or Retainer Pay

Whenever under the terms of this article a court enters an order requiring a division of property, if the court anticipates the division of property will be effected by requiring sums to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
WV Code § 48-7-111 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-111. No Equitable Distribution of Property Between Individuals Not Married to One Another

A court may not award spousal support or order equitable distribution of property between individuals who are not married to one another in accordance with the provisions of article one of this chapter.
WV Code § 48-7-112 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-112. Prospective Effect of Prior Amendments

The amendments to this section effected by the reenactment of section 48-2-32 during the regular session of the Legislature, 1996, are to be applied prospectively and have no application to any action for annulment, divorce or separate maintenance that was commenced on or before June 7, 1996.
WV Code § 48-7-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-201. Required Disclosure and Updates

§48-7-201. Required disclosure and updates.In all divorce actions and in any other action involving child support, all parties shall fully disclose their assets and liabilities within forty days after the service of summons or at such earlier time as ordered by the court. The information contained on these forms shall be updated on the record to the date of the hearing.
WV Code § 48-7-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-202. Assets That Are Required to Be Disclosed

The disclosure required by this part 2 may be made by each party individually or by the parties jointly. Assets required to be disclosed shall include, but are not limited to, real property, savings accounts, stocks and bonds, mortgages and notes, life insurance, health insurance coverage, interest in a partnership or corporation, tangible personal property, income from employment, future interests whether vested or nonvested and any other financial interest or source.
WV Code § 48-7-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-203. Forms for Disclosure of Assets

§48-7-203. Forms for disclosure of assets.The Supreme Court of Appeals shall prepare and make available a standard form for the disclosure of assets and liabilities required by this part. The clerk of the circuit court and the secretary-clerk of the family court shall make these forms available to all parties in any divorce action or other action involving child support. All disclosure required by this part shall be on a form that substantially complies with the form promulgated by the Supreme Court of Appeals. The form used shall contain a statement in conspicuous print that complete disclosure of assets and liabilities is required by law and deliberate failure to provide complete disclosure as ordered by the court constitutes false swearing.
WV Code § 48-7-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-204. Discovery Under Rules; Optional Disclosure of Tax Returns

Nothing contained in this part 2 shall be construed to prohibit the court from ordering discovery pursuant to rule eighty-one of the rules of civil procedure. Additionally, the court may on its own initiative and shall at the request of either party require the parties to furnish copies of all state and federal income tax returns filed by them for the past two years and may require copies of such returns for prior years.
WV Code § 48-7-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-205. Confidentiality of Disclosed Information

Information disclosed under this part 2 is confidential and may not be made available to any person for any purpose other than the adjudication, appeal, modification or enforcement of judgment of an action affecting the family of the disclosing parties. The court shall include in any order compelling disclosure of assets such provisions as the court considers necessary to preserve the confidentiality of the information ordered disclosed.
WV Code § 48-7-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-206. Failure to Disclose Required Financial Information

Any failure to timely or accurately disclose financial information required by this part 2 may be considered as follows:(1) Upon the failure by either party timely to file a complete disclosure statement as required by this part 2 or as ordered by the court, the court may accept the statement of the other party as accurate.(2) If any party deliberately or negligently fails to disclose information which is required by this part 2 and in consequence thereof any asset or assets with a fair market value of $500 or more is omitted from the final distribution of property, the party aggrieved by the nondisclosure may at any time petition a court of competent jurisdiction to declare the creation of a constructive trust as to all undisclosed assets, for the benefit of the parties and their minor or dependent children, if any, with the party in whose name the assets are held declared the constructive trustee, such trust to include such terms and conditions as the court may determine. The court shall impose the trust upon a finding of a failure to disclose such assets as required under this part 2.(3) Any assets with a fair market value of $500 or more which would be considered part of the estate of either or both of the parties if owned by either or both of them at the time of the action, but which was transferred for inadequate consideration, wasted, given away or otherwise unaccounted for by one of the parties, within five years prior to the filing of the petition or length of the marriage, whichever is shorter, shall be presumed to be part of the estate and shall be subject to the disclosure requirement contained in this part 2. With respect to such transfers the spouse shall have the same right and remedies as a creditor whose debt was contracted at the time the transfer was made under article one-a, chapter forty of this code. Transfers which resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed when such assets are otherwise identified in the statement of net worth.(4) A person who knowingly provides incorrect information or who deliberately fails to disclose information pursuant to the provisions of this part 2 is guilty of false swearing.
WV Code § 48-7-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-301. Injunction to Prevent Removal or Disposition of Property

§48-7-301. Injunction to prevent removal or disposition of property.Where it appears to the court that a party is about to remove himself or herself or his or her property from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat a fair distribution of marital property, or the payment of alimony, child support or separate maintenance, an injunction may issue to prevent the removal or disposition and the property may be attached as provided by this code. The court may issue such injunction or attachment without bond.
WV Code § 48-7-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-302. Notice of Hearing for Injunction; Temporary Injunction

Any such injunction may be granted upon proper hearing after notice. For good cause shown, a temporary injunction may be issued after an ex parte proceeding with notice and proper hearing for a permanent injunction to be held forthwith thereafter.
WV Code § 48-7-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-303. Applicability of Injunction Procedures to Sale of Goods or Disposition of Major Business Assets

The procedures of this part 3 are not intended to apply to the sale of goods in the ordinary course of operating a business but shall apply to the disposition of the major assets of a business.
WV Code § 48-7-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-304. Setting Aside Encumbrance or Disposition of Property to Third Persons

Any encumbrance or disposition of property to third persons, except to bona fide purchasers without notice for full and adequate consideration, may be set aside by the court.
WV Code § 48-7-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-401. Lis Pendens

§48-7-401. Lis pendens.Upon the commencement of an action under the provisions of this article, any party claiming an interest in real property in which the other party has an interest, may cause a notice of lis pendens to be recorded in the office of the clerk of the county commission of the county wherein the property is located.
WV Code § 48-7-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-402. Notice of Lis Pendens

The notice shall contain the names of the parties, the nature of the complaint, the court having jurisdiction, the date the complaint was filed, and a description of the real property. Such notice shall, from the time of the recording only, be notice to any person thereafter acquiring any interest in such property of the pendency of the complaint. Each person whose conveyance or encumbrance is subsequently executed or subsequently recorded or whose interest is thereafter acquired by descent, or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording of the notice, to the same extent as if he were made a party to the complaint. A notice of lis pendens recorded in accordance with this section may be discharged by the court upon substitution of a bond with surety in an amount established by the court, if the court finds that the claim against the property subject to the notice of lis pendens can be satisfied by a monetary award. In cases in which the sale of property is already in process when the notice of lis pendens is filed, and upon application, proper notice and hearing, the court may substitute a lien on the net proceeds of the sale.
WV Code § 48-7-501 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 7. Equitable Distribution of Property|§48-7-501. Retroactive Effect of Amendments

TO EQUITABLE DISTRIBUTION.§48-7-501. Retroactive effect of amendments.Amendments made to the provisions of former article two of this chapter during the 1984 regular session of the Legislature, shall be of retroactive effect to the extent that such amended provisions shall apply to the distribution of marital property, but not an award of spousal support, in all actions filed under the provisions of former article two of this chapter after May 25, 1983, or actions pending on that date in which a claim for equitable distribution of marital property had been pleaded: Provided, That the amendments are not applicable to actions where, prior to the effective date of the amendments, there has been a final decree entered or the taking of evidence has been completed and the case has been submitted for decision.
WV Code § 48-8-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 8. Spousal Support|§48-8-101. General Provisions Regarding Spousal Support

(a) An obligation that compels a person to pay spousal support may arise from the terms of a court order, an antenuptial agreement or a separation agreement. In an order or agreement, a provision that has the support of a spouse or former spouse as its sole purpose is to be regarded as an allowance for spousal support whether expressly designated as such or not, unless the provisions of this chapter specifically require the particular type of allowance to be treated as child support or a division of marital property. Spousal support may be paid as a lump sum or as periodic installments without affecting its character as spousal support.(b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.(c) An award of spousal support cannot be ordered unless the parties are actually living separate and apart from each other.
WV Code § 48-8-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 8. Spousal Support|§48-8-102. Jurisdiction to Award Spousal Support

The family courts and circuit courts, as provided in this chapter, have jurisdiction to award spousal support. A court may provide for the maintenance of a spouse during the pendency of an appeal to the circuit court or to the Supreme Court of Appeals.
WV Code § 48-8-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 8. Spousal Support|§48-8-104. Effect of Fault or Misconduct on Award of Spousal Support

In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship.
WV Code § 48-8-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 8. Spousal Support|§48-8-105. Rehabilitative Spousal Support

(a) The court may award rehabilitative spousal support for a limited period of time to allow the recipient spouse, through reasonable efforts, to become gainfully employed. When awarding rehabilitative spousal support, the court shall make specific findings of fact to explain the basis for the award, giving due consideration to the factors set forth in 48-6-301 of this code. An award of rehabilitative spousal support is appropriate when the dependent spouse evidences a potential for self-support that could be developed through rehabilitation, training, or academic study.(b) The court may modify an award of rehabilitative spousal support if a substantial change in the circumstances under which rehabilitative spousal support was granted warrants terminating, extending, or modifying the award or replacing it with an award of permanent spousal support. In determining whether a substantial change of circumstances exists which would warrant a modification of a rehabilitative spousal support award, the court may consider a reassessment of the dependent spouses potential work skills and the availability of a relevant job market, the dependent spouses age, health and skills, the dependent spouses ability or inability to meet the terms of the rehabilitative plan and other relevant factors as provided for in 48-6-301 of this code.
WV Code § 48-8-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 8. Spousal Support|§48-8-106. Payments Out of Disposable Retired or Retainer Pay

Whenever the court enters an order requiring the payment of spousal support, if the court anticipates the payment or any portion thereof is to be paid out of "disposable retired or retainer pay" as that term is defined in 10 U.S.C. §1408, relating to members or former members of the uniformed services of the United States, the court shall specifically provide for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of the payor party to the payee party.
WV Code § 48-9-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-101. Scope of Article; Legislative Findings and Declarations

AND PARENT EDUCATION CLASSES.§48-9-101. Scope of article; legislative findings and declarations.(a) This article sets forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together.(b) The Legislature finds and declares that it is the public policy of this state to assure that the best interest of children is the court's primary concern in allocating custodial and decision-making responsibilities between parents who do not live together. In furtherance of this policy, the Legislature declares that a child's best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on their rights and responsibilities and the effect their separation may have on children, to encourage mediation of disputes, and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or divorced.
WV Code § 48-9-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-102. Objectives; Best Interests of the Child

(a) The primary objective of this article is to serve the childs best interests, by facilitating:(1) Stability of the child;(2) Parental planning and agreement about the childs custodial arrangements and upbringing;(3) Continuity of existing parent-child attachments;(4) Meaningful contact between a child and each parent;(5) Caretaking and parenting relationships by adults who love the child, know how to provide for the childs needs, and who place a high priority on doing so;(6) Security from exposure to physical or emotional harm; (7) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the childs care and control; and(8) Meaningful contact between a child and his or her siblings, including half-siblings.(b) A secondary objective of article is to achieve fairness between the parents.
WV Code § 48-9-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-103. Parties to an Action Under This Article

(a) Persons who have a right to be notified of and participate as a party in an action filed by another are:(1) A legal parent of the child, as defined in section 1-232 of this chapter;(2) An adult allocated custodial responsibility or decision-making responsibility under a parenting plan regarding the child that is then in effect; or(3) Persons who were parties to a prior order establishing custody and visitation, or who, under a parenting plan, were allocated custodial responsibility or decision-making responsibility.(b) In exceptional cases the court may, in its discretion, grant permission to intervene to other persons or public agencies whose participation in the proceedings under this article it determines is likely to serve the child's best interests. The court may place limitations on participation by the intervening party as the court determines to be appropriate. Such persons or public agencies do not have standing to initiate an action under this article.