Q: My wife of 17 years and counting purchase a house but she didn't put me on the deed.
Do I have any marital rights to the property according to West Virginia?
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A:
In West Virginia, the property your wife purchased during your marriage could be considered marital property, even if your name isn't on the deed. West Virginia follows the principle of "equitable distribution," which means that in the event of a divorce, marital property is divided fairly, though not necessarily equally. Property acquired during the marriage, regardless of how it is titled, may be subject to division.
However, there are factors to consider, such as whether the house was purchased with joint funds or if it is maintained with joint resources. If your wife used her own separate assets to buy the house and there was no intention for it to be marital property, it might be treated differently. The court will consider various factors, such as the length of the marriage, financial contributions, and the needs of both parties.
It’s important to understand that being left off the deed doesn't necessarily mean you have no rights to the property. If you have concerns about your rights or need clarity on how the law applies to your specific situation, it could be helpful to discuss your circumstances with someone familiar with West Virginia's property laws. They can provide guidance based on the details of your case.
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