Ending a marriage is a major life transition that can trigger questions about shared wealth and future security. How will the court decide who keeps the family home and the other real property?
Presuming an equal split
The property division process begins with the presumption that spouses must receive a 50/50 split. However, West Virginia courts focus on equitable distribution, meaning the division must be fair even if it is not equal. This applies to key factors that judges review when splitting the family home:
- Marital versus separate real estate: Real property acquired during the marriage counts as marital property, regardless of whose name appears on the deed or the mortgage loan.
- Nonmonetary contributions: Judges look closely at unpaid efforts such as homemaking and childcare.
- Child custody: A judge may temporarily award the family home to the parent who maintains primary custody to keep life stable for minor children.
Spouses generally resolve residential real estate disputes through four legal pathways. The court can order a property sale, approve a spousal buyout, allow an asset trade or permit delayed co-ownership until the children finish school.
Other key considerations
Further, marital real estate extends beyond the home during a divorce proceeding. Courts apply the same property division rules to commercial buildings, vacation homes and raw land, making it essential to consider the following:
- Investment properties: Rental houses and commercial spaces require careful appraisal to determine their fair market value and ongoing income potential.
- Vacation homes: Couples often choose to sell seasonal cabins or timeshares because splitting time after a divorce can be difficult.
- Inherited land: Land gifted to or inherited by only one spouse usually remains separate property unless the owner mixes it with marital assets.
In addition, every single plot of land requires a clear title check to ensure no hidden liens hurt either person later.
Pursuing a fair outcome
Real estate division can shape one’s financial well-being for decades after a divorce. Since navigating the complexities of the law can be daunting, seeking legal advice may help spouses make informed choices and avoid costly mistakes. Also, having legal counsel may help them pursue a fair outcome and protect their investments.