West Virginia Code
1 - GENERAL PROVISIONS; DEFINITIONS
2 - MARRIAGES
3 - PROPERTY, RIGHTS AND LIABILITIE
4 - SEPARATE MAINTENANCE
5 - DIVORCE
5A - COLLABORATIVE FAMILY LAW PROCE
6 - APPENDICES
7 - EQUITABLE DISTRIBUTION OF PROPE
8 - SPOUSAL SUPPORT
9 - ALLOCATION OF CUSTODIAL RESPONS
10 - GRANDPARENT VISITATION
11 - SUPPORT OF CHILDREN
12 - MEDICAL SUPPORT
13 - GUIDELINES FOR CHILD SUPPORT
14 - REMEDIES FOR THE ENFORCEMENT
15 - ENFORCEMENT OF SUPPORT ORDER
16 - UNIFORM INTERSTATE FAMILY SUP
17 - WEST VIRGINIA SUPPORT ENFORCE
18 - BUREAU FOR CHILD SUPPORT ENFO
19 - BUREAU FOR CHILD SUPPORT ENFO
20 - UNIFORM CHILD CUSTODY JURISDI
21 - RESERVED
22 - ADOPTION
23 - VOLUNTARY ADOPTION REGISTRY
24 - ESTABLISHMENT OF PATERNITY
25 - CHANGE OF NAME
25A - MATERNAL MORTALITY REVIEW TE
26 - DOMESTIC VIOLENCE ACT
27 - PREVENTION AND TREATMENT OF D
27A - DOMESTIC VIOLENCE FATALITY R
28 - UNIFORM INTERSTATE ENFORCEMEN
28A - ADDRESS CONFIDENTIALITY PROG
29 - PROPERTY, RIGHTS AND LIABILIT
48 - 29 - 101
48 - 29 - 102
48 - 29 - 103
48 - 29 - 104
48 - 29 - 105
48 - 29 - 201
48 - 29 - 202
48 - 29 - 301
48 - 29 - 302
48 - 29 - 303
30 - PROCEEDING BEFORE A FAMILY LA
31 - UNIFORM DEPLOYED PARENTS CUST
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 29. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.
DISABILITIES AND INCAPACITIES.
§48-29-101. Emancipation from all disabilities under common law.
All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, are fully emancipated from all the disabilities and relieved from all the incapacities to which they were formerly subject under common law.
All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, may make contracts of any kind and assume or stipulate for obligations of any kind, in any form or manner permitted under this code. In no case may any act, contract or obligation of a married woman require, for its validity or effectiveness, the authority of her husband or of a judge.
All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, may own in their own right, real and personal property, acquired by descent, gift or purchase and may manage, sell, convey or dispose of any real or personal property to the same extent and in the same manner a married man can property belonging to him
All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, are liable for torts that they have committed.
No married person, including married persons who are not residents of this state to the extent that they are affected by the laws of this state, is liable for the contracts or torts of his or her spouse.
§48-29-201. Burden of proof.
The burden of proof in any proceeding questioning the validity or lawfulness of any conveyance or transfer of property or any interest in property from one spouse to the other spouse by the spouse making the conveyance or transfer, or his or her heir, devisee or creditor is on the spouse in whose favor the conveyance or transfer was made.
Where one spouse purchases real or personal property and pays for the real or personal property, but takes title in the name of the other spouse, the transaction, in the absence of evidence of a contrary intention, is presumed to be a gift by the spouse so purchasing to the spouse in whose name the title is taken: Provided, That in the case of an action under the provisions of article seven of this chapter wherein the court is required to determine what property of the parties constitutes marital property and equitably divide the same, the presumption created by this section does not apply, and a gift between spouses must be affirmatively proved.
§48-29-301. Requirement of a writing for contract between husband and wife.
A contract between a husband and wife shall not be enforceable by way of action or defense, unless there is some writing sufficient to indicate that a contract has been made between them and signed by the spouse against whom enforcement is sought or by his or her authorized agent or broker.
A married woman may sue and recover for loss of consortium to the same extent and in all cases as a married man.
(a) A husband and wife are both liable for the reasonable and necessary services of a physician rendered to the husband or wife while residing together as husband and wife, or for reasonable and necessary services of a physician rendered to their minor child while residing in the family of its parents, and for the rental of any tenement or premises actually occupied by the husband and wife as a residence and reasonably necessary to them for such purpose.
(b) A husband and wife are liable when any article purchased by either goes to:
(1) The support of the family;
(2) The joint benefit of both;
(3) The reasonable apparel of either and their minor child residing in the family;
(4) The reasonable support of a spouse and child while abandoned by the other spouse;
(c) A husband and wife are liable for the reasonable services of any domestic, laborer or other person from which the family or both husband and wife benefit.