West Virginia Code § 48-5-506

Use and occupancy of the marital home
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(a) The court may grant the exclusive use and occupancy of the marital home to one of the
parties during the pendency of the action, together with all or a portion of the household
goods, furniture and furnishings, reasonably necessary for such use and occupancy.
(b) The court may require payments to third parties in the form of home loan installments,
land contract payments, rent, payments for utility services, property taxes and insurance
coverage. If these third party payments are ordered, the court may specify whether such
payments or portions of payments are temporary spousal support, temporary child support, a
partial distribution of marital property or an allocation of maritaul debt.
(c) If the court does not set forth in the temporary order that all or a portion of payments
made to third parties pursuant to this section are to be deemed temporary child support,
then all the payments made pursuant to this section are deemed to be temporary spousal
support. The court may order third party payments to be made without denominating them
as either temporary spousal support or temporary clhild support, reserving such decision
until the court determines the interests of thes parties in marital property and equitably
divides the same. At the time the court determines the interests of the parties in marital
property and equitably divides the same, the court may consider the extent to which
payments made to third parties undger the provisions of this subdivision have affected the
rights of the parties in marital property and may treat these payments as a partial
distribution of marital propertey notwithstanding the fact that these payments were
denominated temporary spousal support or temporary child support or not so denominated
under the provisions of Lthis section.
(d) If the payments are not designated in an order and the parties have waived any right to
receive spousal support, the court may designate the payments upon motion by any party.
(e) Nothing contained in this section shall abrogate an existing contract between either of
theW parties and a third party, or affect the rights and liabilities of either party or a third
party under the terms of a contract.

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