Currently, West Virginia has no community property law, which puts the onus on the courts and the parties to come to a marital property agreement. Marital Property Laws in West Virginia State marital property laws can vary, depending on where you live. read more
A few states recognize the concept of "community property" in which all possessions are divided equally, but Virginia and most other states do not. Instead, Virginia marital property laws consider the nature of each piece of property and which party is most likely to use a given item. read more
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. read more