Divorce means the end of a romantic relationship and a fresh start in life, but it also means the end of a financial relationship. As such, one of the most important aspects of a divorce is the division of property. The assets that you and your spouse worked to earn and maintain during your marriage must be split, and there is no one-size-fits-all solution to that challenge.
Make sure you have an experienced divorce lawyer protecting your interests
West Virginia courts have significant discretion to decide how to divide your property, so it’s important to be prepared for this step in the process. If you are considering getting divorced, here’s what you can expect to happen to your house, vehicle, and other assets.
Which pieces of property are divided in divorce?
The first step in marital property division is for the court to determine which items you own are “separate property” or “marital property.” Separate property isn’t divided; it just goes with the spouse who owns it. Marital property is subject to division or distribution by the family court.
In general, if you acquired a piece of property during your marriage, it is considered marital property. An important exception to this rule is inheritance: if you inherited a piece of property during the marriage, solely in your own name, and kept it titled in your name, then it will most likely be considered separate property.
On the other hand, if you acquired a piece of property in your own name before the marriage, whether that’s a bank account, car, house, business, or any other asset, then that is most likely considered separate property. However, if you “commingled” your separate property with marital property, or if your spouse made significant contributions to the value of that property, then the court may consider it marital property. These are complex issues that require an experienced family law attorney to sort out.
How does the court divide your marital property?
Once the court has a full accounting of your marital property, the next step is to determine who will walk away with each piece of property. West Virginia follows the “equitable distribution” rule, which means the court has to reach a solution that is fair but not necessarily 50/50. The court uses a 50/50 split as a starting point and then considers whether there are factors that should lead to a deviation from that starting point, such as:
- Your and your spouse’s contributions to growing or maintaining the value of the property.
- Your and your spouse’s contributions to wasting or diminishing the value of the property.
- Your respective income, earning capacity, and overall financial situation.
- Custody of the children (especially important for ownership of the house).
Depending on the situation, the court may simply award ownership of each piece of property to one spouse or the other, or it may order that certain pieces of property be sold with the proceeds divided between the spouses. The court’s goal is to reach a fair solution and leave your finances as disentangled as possible.
Do you have any control over how the court divides your property?
While property division in West Virginia is ultimately the court’s decision, courts usually defer to an agreement between the divorcing spouses. If you are able to negotiate a separation agreement that contains a distribution of property, the court will normally approve it without further intervention, unless it is obviously unfair or the court has reason to suspect that one spouse isn’t agreeing of their own free will.
In addition, if you have a valid prenuptial or postnuptial agreement that addresses the division of property, the court will generally honor it.
However, if you and your spouse can’t agree on property division, then you need to present evidence and make legal arguments to convince the court to see your side of the dispute. In this situation, it’s critical that you have an experienced divorce attorney who can represent your interests at each stage of the process.
Talk to an experienced family law attorney today
Even if your divorce is amicable, disagreements over property division can become contentious quickly. The sooner you get legal advice, the better. Our attorneys can help you navigate the process and protect your best interests from start to finish. Our goal is to help you reach a fair distribution of property that protects what you have worked so hard to earn, whether that’s done through negotiation, mediation, or litigation.
If you are considering a divorce in West Virginia, don’t face one of the most important decisions of your life alone. Give us a call or contact us online to speak with an experienced divorce lawyer at Klie Law Offices.