Community Property in West Virginia
State-specific overview · Family Law
West Virginia does not recognize community property; courts divide marital property equitably based on statutory factors.
How West Virginia treats Community Property
West Virginia follows equitable distribution law, not community property law. Property acquired during marriage is marital property subject to fair division upon divorce, but the division need not be equal. Courts consider factors including each spouse's contributions to the marriage, the length of the marriage, and each party's earning capacity when determining division. Separate property owned before marriage or received as a gift or inheritance is not subject to division.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.