West Virginia Code § 48-1-233

Marital property defined
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"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, whether legal or beneficial, whether individually held,
held in trust by a third party, or whether held by the parties to the marriage in some form of
coownership such as joint tenancy or tenancy in common, joint tenancy with the right of
survivorship, or any other form of shared ownership recognized in other jurisdictions
without this state, except that marital property does not include useparate property as
defined in section 1-238; and
(2) The amount of any increase in value in the separate property of either of the parties to a
marriage, which increase results from: (A) An expenditure of funds which are marital
property, including an expenditure of such funds which reduces indebtedness against
separate property, extinguishes liens, or otherwisel increases the net value of separate
property; or (B) work performed by either or bsoth of the parties during the marriage.
The definition of "marital property" containied in this section has no application outside of
the provisions of this article, and theg common law as to the ownership of the respective
property and earnings of a husband and wife, as altered by the provisions of article 29 of this
chapter and other provisions of this code, are not abrogated by implication or otherwise,
except as expressly provided for by the provisions of this article as such provisions are
applied in actions brought under this article or for the enforcement of rights under this
article.

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