H. B. 2988
(By Delegate Brown, By Request)
[Introduced March 9, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §40-1-9a, relating to
providing for the validity of a transfer of after-acquired
property.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §40-1-9a to read as
follows:
ARTICLE 1. ACTS GENERALLY VOID AS TO CREDITORS AND PURCHASERS.
§40-1-9a. Conveyance of property not owned but subsequently
acquired.
When a deed purports to convey property, real or personal,
describing it with reasonable certainty, which the grantor does not
own at the time of the execution of the deed, but subsequently
acquires, such deed shall, as between the parties thereto, have the same effect as if the title which the grantor subsequently acquires
were vested in him at the time of the execution of such deed and
thereby conveyed.
NOTE: The purpose of this bill is to validate certain
transactions in which a grantor conveys property not owned but
subsequently acquired.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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