|
|
|
Cases of Interest: West Virginia
© National Legal Research Group, Inc.
Agreements (full category)
-
WEST VIRGINIA: Preece v. Preece, ___ W. Va. ___, 465 S.E.2d 917 (1995).
Even where the parties execute a written separation agreement, they must comply with the statutory requirement of financial disclosure, and the court must make a sufficient inquiry into the fairness of the agreement.
Read More About This CaseAlimony (full category)
-
WEST VIRGINIA: Hager v. Hager, No. 29688 (W. Va. Ct. App. Nov. 29, 2001).
The wife in a divorce case took the position that she had never been previously employed outside the home and was disabled and incapable of working. The trial court agreed and made a substantial alimony award.
Read More About This CaseAppreciation of Assets (full category)
-
WEST VIRGINIA: Smith v. Smith, ___ W. Va. ___, 475 S.E.2d 881 (1996).
A spouse's participation as an officer or director of a corporation together with significant stock ownership by a spouse constitutes sufficient participation to qualify as active appreciation, and when coupled with full-time work activity by the spouse for the corporation, some portion of the increase in value of the business must be classified as marital property.
Read More About This CaseAttorneys (full category)
-
WEST VIRGINIA: White v. Williamson, ___ W. Va. ___, 453 S.E.2d 666 (1994).
After classifying the husband's share of a contingent fee, the trial court was required to value the fee and then actually divide it.
Read More About This CaseClassification of Assets (full category)
-
WEST VIRGINIA: Sharon B.W. v. George B.W., ___ W. Va. ___, 519 S.E.2d 877 (1999).
Stock acquired by the husband after the couple had separated was to be considered his separate property rather than marital property subject to equitable distribution.
Read More About This CaseWEST VIRGINIA: Pratt v. Pratt, ___ W. Va. ___, 475 S.E.2d 102 (1996).
The trial court erred in departing from the presumption of equal division for the parties' marital home, which had been purchased with funds gifted to the parties jointly by the wife's father.
Read More About This CaseClosely Held Businesses (full category)
-
WEST VIRGINIA: Smith v. Smith, ___ W. Va. ___, 475 S.E.2d 881 (1996).
A spouse's participation as an officer or director of a corporation together with significant stock ownership by a spouse constitutes sufficient participation to qualify as active appreciation, and when coupled with full-time work activity by the spouse for the corporation, some portion of the increase in value of the business must be classified as marital property.
Read More About This CaseDisclosure (full category)
-
WEST VIRGINIA: Preece v. Preece, ___ W. Va. ___, 465 S.E.2d 917 (1995).
Even where the parties execute a written separation agreement, they must comply with the statutory requirement of financial disclosure, and the court must make a sufficient inquiry into the fairness of the agreement.
Read More About This CaseDiscovery (full category)
-
WEST VIRGINIA: State ex rel. Erickson v. Hill, ___ W. Va., ___, 445 S.E.2d 503 (1994).
Order requiring wife to compile three separate lists of property with a value in excess of $50 that she currently owned, that she owned in 1984, and that she disposed of after 1982 was oppressive and burdensome on its face.
Read More About This CaseDivision of Property (full category)
-
WEST VIRGINIA: Pratt v. Pratt, ___ W. Va. ___, 475 S.E.2d 102 (1996).
The trial court erred in departing from the presumption of equal division for the parties' marital home, which had been purchased with funds gifted to the parties jointly by the wife's father.
Read More About This CaseWEST VIRGINIA: Jessee v. Aycoth, ___ W. Va. ___, 503 S.E.2d 528 (1998).
Where the parties' property settlement agreement provided for equal division of the proceeds from sale of the marital home but did not address the timing of the sale, it was not error to order the wife to sell the home once the parties' youngest child attained the age of 18 years.
Read More About This CaseGifts (full category)
-
WEST VIRGINIA: Pratt v. Pratt, ___ W. Va. ___, 475 S.E.2d 102 (1996).
The trial court erred in departing from the presumption of equal division for the parties' marital home, which had been purchased with funds gifted to the parties jointly by the wife's father.
Read More About This CaseGuardian Ad Litem (full category)
-
WEST VIRGINIA: Buckler v. Buckler, ___ W. Va. ___, 466 S.E.2d 556 (1996).
A guardian ad litem for a spouse in equitable distribution proceedings must investigate the facts, seek financial disclosure, and advise the court of the position serving the spouse's best interests.
Read More About This CaseMarital Home (full category)
-
WEST VIRGINIA: Jessee v. Aycoth, ___ W. Va. ___, 503 S.E.2d 528 (1998).
Where the parties' property settlement agreement provided for equal division of the proceeds from sale of the marital home but did not address the timing of the sale, it was not error to order the wife to sell the home once the parties' youngest child attained the age of 18 years.
Read More About This CasePensions (full category)
-
WEST VIRGINIA: Stanley v. Stanley, ___ W. Va. ___, 495 S.E.2d 273 (1997).
The parties' divorce decree should be set aside due to a mistake in valuation of the husband's pension plan.
Read More About This CasePostdecree Proceedings (full category)
-
WEST VIRGINIA: Stanley v. Stanley, ___ W. Va. ___, 495 S.E.2d 273 (1997).
The parties' divorce decree should be set aside due to a mistake in valuation of the husband's pension plan.
Read More About This CaseProfessional Practices (full category)
-
WEST VIRGINIA: Durnell v. Durnell, 194 W. Va. 464, 460 S.E.2d 710 (1995).
When valuing the husband's medical practice, it was necessary to subtract taxes that would be owed on the accounts receivable and current expenses payable on the date of valuation.
Read More About This CaseWEST VIRGINIA: White v. Williamson, ___ W. Va. ___, 453 S.E.2d 666 (1994).
After classifying the husband's share of a contingent fee, the trial court was required to value the fee and then actually divide it.
Read More About This CaseTax Consequences (full category)
-
WEST VIRGINIA: Boyle v. Boyle, ___ W. Va. ___, 459 S.E.2d 401 (1995).
A third party seeking intervention in the parties' divorce proceeding for the purpose of protecting a property right failed to satisfy his burden of demonstrating an interest that outweighed the parties' substantial privacy interests.
Read More About This CaseValuation of Property (full category)
-
WEST VIRGINIA: Mayhew v. Mayhew, ___ W. Va. ___, 519 S.E.2d 188 (1999).
The wife appealed to have the appreciation in value of stock judged marital property. The court had to determine which part of the appreciation was active appreciation and which was passive appreciation.
Read More About This CaseWEST VIRGINIA: Tallman v. Tallman, ___ W. Va. ___, 438 S.E.2d 853 (1993).
The trial court erred by accepting the valuation figures of a court-appointed expert who was not a certified appraiser, had limited training in the real estate business, could not articulate the correct standard for establishing "market value," and had never set foot on the property he was appraising.
Read More About This CaseWEST VIRGINIA: Durnell v. Durnell, 194 W. Va. 464, 460 S.E.2d 710 (1995).
When valuing the husband's medical practice, it was necessary to subtract taxes that would be owed on the accounts receivable and current expenses payable on the date of valuation.
Read More About This CaseGo to: Cases of Interest by Category
Go to: Previous Page
| Store Categories State Guidebooks Find Professionals Support Calculations |
Pension Rights at Divorce:
| The Research Center: ( Cases of Interest by Category ) | Research Home | ||||
Find Case Law, Case Analysis, and Divorce Related Information...
| |||||
 How to Hire The Right Divorce Lawyer - You must have the right lawyer to have a successful divorce! provides a road map for finding an effective lawyer and then helps you to monitor his or her performance and fees. |
Comments & Suggestions? or Recommend This Page to a Friend!