West Virginia Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

A married couple who live together are only allowed one main residence for tax purposes between them. After separation, each spouse is allowed their own main residence.

Here are some ways to prove your property is separate: You Owned the Property Before Your Marriage. ... The Property Was a Gift from Outside of the Marriage. ... You Inherited the Property. ... Your Spouse Did Not Contribute to the Property. ... You Are the Property's Primary User. ... You Significantly Contributed to the Property.

However, it is possible for property that was originally separate to become marital property through a process called commingling, which essentially means using the separate property as though it were marital.

Separate property defined. (6) Any increase in the value of separate property as defined in subdivision (1), (2), (3), (4) or (5) of this section which is due to inflation or to a change in market value resulting from conditions outside the control of the parties.

You and your spouse have lived separate and apart in different homes without acting as a married couple (cohabitating) for at least one continuous year.

In West Virginia, any property that belonged to only one spouse before marriage is considered separate property, as is any gift or inheritance received by one spouse. Any property acquired or earned during the marriage is marital property, regardless of which spouse earned or acquired it.

Equal division of marital property. 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.

West Virginia doesn't offer legal separation. Instead, you can file for separate maintenance, which is similar to a legal separation and allows the court to determine the same issues as though it was a divorce?but in the end, you're still legally married to your spouse.

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West Virginia Homestead Declaration following Decree of Legal Separation or Divorce