Full question:
My wife and I decided to live separately in West Virginia. Can we make arrangements to settle property rights upon separation?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: West Virginia
Answer:
In West Virginia, a husband and wife can make a property settlement or separation agreement whereby they agree to live separate and apart from each other. The couple can settle the property rights of the parties through the property settlement or separation agreement. It is covered under W. Va. Code § 48-6-101 which reads:“(a) "Property settlement or separation agreement" means a written agreement between a husband and wife whereby they agree to live separate and apart from each other. A separation agreement may also:
(1) Settle the property rights of the parties;
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(b) To the extent that an antenuptial agreement affects the property rights of the parties or the disposition of property after an annulment of the marriage or after a divorce or separation of the parties, the antenuptial agreement is a separation agreement.”
In the instant case, you can make a property settlement or separation agreement and settle the property rights through the agreement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
