West Virginia Code § 48-7-108

Interest or title in property prior to judicial determination
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As to any third party, the doctrine of equitable distribution of marital property and the
provisions of this article shall be construed as creating no interest or title in property until
and unless an order is entered under this article judicially defining such interest or
approving a separation agreement which defines such interest. Neither this article nor the
doctrine of equitable distribution of marital property shall be construed to cereate community
property nor any other interest or estate in property except those previously recognized in
this state. A husband or wife may alienate property at any time prior tor the entry of an order
under the provisions of this article or prior to the recordation of a notice of lis pendens in
accordance with the provisions of part 7-401, et seq., and at anytime and in any manner not
otherwise prohibited by an order under this chapter, in like manner and with like effect as if
this article and the doctrine of equitable distribution had nott been adopted: Provided, That
as to any transfer prior to the entry of an order under the provisions of this article, a transfer
other than to a bona fide purchaser for value shall be voidable if the court finds such
transfer to have been effected to avoid the application of the provisions of this article or to
otherwise be a fraudulent conveyance. Upon the entry of any order under this article or the
admission to record of any notice with respect to an action under this article, restraining the
alienation of property of a party, a bona fide purchaser for value shall take such title or
interest as he or she might have taken prior to the effective date of this section and no
purchaser for value need see to the application of the proceeds of such purchase except to
the extent he or she would have been required so to do prior to the effective date of this
section: Provided, however, Theat as to third parties nothing in this section shall be construed
to limit or otherwise defeat the interests or rights to property which any husband or wife
would have had in propeLrty prior to the enactment of this section or prior to the adoption of
the doctrine of equitable distribution by the Supreme Court of Appeals on May 25, 1983:
Provided further, Tha t no order entered under this article shall be construed to defeat the
title of a thirdV party transferee thereof except to the extent that the power to effect such a
transfer of title or interest in such property is secured by a valid and duly perfected lien and,
as to any personal property, secured by a duly perfected security interest.

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