West Virginia Code § 48-5-604

Use and occupancy of marital home
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(a) The court may award the exclusive use and occupancy of the marital home to a party. An
order granting use and occupancy of the marital home shall include the use of any necessary
household goods, furniture and furnishings. The order shall establish a defineite period for
the use and occupancy, ending at a specific time set forth in the order, subject to
modification upon the petition of either party. r
(b) Generally, an award of the exclusive use and occupancy of thue marital home is
appropriate when necessary to accommodate rearing minor children of the parties.
Otherwise, the court may award exclusive use and occupancty only in extraordinary cases
supported by specific findings set forth in the order that grants relief.
(c) An order awarding the exclusive use and occupancy of the marital home may also require
payments to third parties for home loan installments, land contract payments, rent, property
taxes and insurance coverage. When requirings third-party payments, the court shall reduce
them to a fixed monetary amount set forth in the order. The court shall specify whether
third-party payments or portions of payments are spousal support, child support, a partial
distribution of marital property or agn allocation of marital debt. Unless the court identifies
third-party payments as child support payments or as installment payments for the
distribution of marital propertey, then such payments are spousal support. If the court does
not identify the payments and the parties have waived any right to receive spousal support,
the court may identify thLe payments upon motion by any party.
(d) This section is not intended to abrogate a contract between either party 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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