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Is West Virginia a community property state?

No. West Virginia is not a community property state. On divorce the court divides marital property equally between the spouses, except as otherwise provided in the statute.[1]

Property system
Equitable

Marital property defined in W. Va. Code § 48-1-233[2]

At divorce
Equal by default

The statute’s starting point is a 50/50 split · W. Va. Code § 48-7-101[1]

What West Virginia’s statutes say

  1. Dividing property at divorce

    On annulment, divorce or separation the court divides the spouses' marital property equally, except as otherwise provided in the statute.[1]

    “Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.”[1]

    W. Va. Code § 48-7-101 · checked October 26, 2026

  2. Marital property

    Marital property is all property and earnings acquired by either spouse during the marriage, however held, except separate property, plus certain increases in the value of separate property.[2]

    “‘Marital property’ means: (1) All property and earnings acquired by either spouse during a marriage, including every valuable right and interest, corporeal or incorporeal, tangible or intangible, real or personal, regardless of the form of ownership …”[2]

    W. Va. Code § 48-1-233 · checked October 26, 2026

  3. Separate property

    Separate property includes property acquired before marriage, property exchanged for it, property excluded by a valid agreement, gifts, bequests and inheritances, and property acquired after separation, among others.[3]

    “‘Separate property’ means: (1) Property acquired by a person before marriage; (2) Property acquired by a person during marriage in exchange for separate property which was acquired before the marriage …”[3]

    W. Va. Code § 48-1-237 · checked October 26, 2026

Not legal advice. Plain-English summaries of West Virginia’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in West Virginia.

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Divorce in West Virginia

Sources

West Virginia’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.

  1. W. Va. Code § 48-7-101 (West Virginia Legislature)code.wvlegislature.govchecked ↩
  2. W. Va. Code § 48-1-233 (West Virginia Legislature)code.wvlegislature.govchecked ↩
  3. W. Va. Code § 48-1-237 (West Virginia Legislature)code.wvlegislature.govchecked ↩