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West Virginia divorce - Property distribution.


West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate Property:
 
(1) acquired prior to the Marriage; (2) acquired by gift or inheritance during the Marriage; (3) any increase in value of the separate Property; and (4) any Property acquired in exchange for any separate Property.
 
Marital Property, consisting of all other Property acquired during the Marriage, is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on consideration of the following factors:
 
(1) the contribution of each spouse to the acquisition, preservation, maintenance, or increase in value of the marital Property, including the contribution of each spouse as homemaker and in childcare; (2) the value of each spouse's separate Property; (3) the amount and sources of income of the spouses; (4) the conduct of the spouses during the Marriage only as it relates to the disposition of their Property; (5) the value of the labor per-formed in a family business, in the actual maintenance or improvement of tangible or intangible marital Property (6) the contribution of 1 spouse towards the education or training of the other that has increased the income-earning ability of the other spouse; (7) the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse; and (8) any other factor necessary to do equity and justice between the spouses.
 
The court may, if necessary, award a spouse's separate Property to the other spouse. [West Virginia Code; Sections 48-5-604 to 48-5-612 and 48-7-101 to 48-7-112].
 
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