Senate Bill No. 261
(By Senator Foster)
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[Introduced January 18, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §40-1-9a, relating to
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 was vested in him or her 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 at that
time but subsequently acquires it.
The section is new; therefore, strike-throughs and
underscoring have been omitted.