West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 4,701–4,750 of 6,321 sections
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48-1-22 Ch. 48 — DOMESTIC RELATIONS Marriage Forfeiture of Minister’s Bond If any minister who shall have given bond in order to become authorized to celebrate marriages in this State shall fail to comply with the provisions of the ten… Proofed
48-2-1 Ch. 48 — DOMESTIC RELATIONS Divorce For What and When Marriages Void All marriages between a white person and a negro; all marriages which are prohibited by law on account of either of the parties having a former wife or husband … Proofed
48-2-2 Ch. 48 — DOMESTIC RELATIONS Divorce Affirmation or Annulment of Marriage When a marriage is supposed to be void, or any doubt exists as to its validity, for any of the causes mentioned in section one of this article, or for any other… Proofed
48-2-3 Ch. 48 — DOMESTIC RELATIONS Divorce What Persons May Not Institute Annulment Suit A suit for annulling a marriage may not be instituted: (a) Where the cause is the natural or incurable impotency of body of either of the parties to enter the… Proofed
48-2-4 Ch. 48 — DOMESTIC RELATIONS Divorce Grounds for Divorce From the Bond of Matrimony A divorce from the bond of matrimony may be decreed: (a) For adultery; or (b) When either of the parties subsequent to the marriage has, in or out of this S… Proofed
48-2-5 Ch. 48 — DOMESTIC RELATIONS Divorce Grounds for Divorce From Bed and Board A divorce from bed and board may be decreed for any of the causes for which a divorce from the bond of matrimony may be decreed; or For cruel or inhuman treat… Proofed
48-2-6 Ch. 48 — DOMESTIC RELATIONS Divorce Circuit Court to Have Jurisdiction The circuit court, on the chancery side thereof, shall have jurisdiction of suits for annulling or affirming marriage, or for divorces. Proofed
48-2-7 Ch. 48 — DOMESTIC RELATIONS Divorce Right to Sue to Annul or Affirm a Marriage No suit to annul or affirm a marriage shall be maintainable unless at the commence ment of the suit one of the parties is a bona fide resident of this State, ex… Proofed
48-2-8 Ch. 48 — DOMESTIC RELATIONS Divorce Right to Sue for Divorce No suit for divorce shall be maintainable: (a) If the cause for divorce is adultery, whether the cause of action arose in or out of this State, unless one of … Proofed
48-2-9 Ch. 48 — DOMESTIC RELATIONS Divorce Venue of Annulment or Divorce Suits The suit for annulling or affirming a marriage, or for divorce, shall, if the defendant be a resident of this State, be brought in the county in which the parti… Proofed
48-2-10 Ch. 48 — DOMESTIC RELATIONS Divorce Order of Publication; Service Out of State A decree may be entered in the case upon an order of publication or upon personal service outside the State with the effect of publication, as in other cases in… Proofed
48-2-11 Ch. 48 — DOMESTIC RELATIONS Divorce Procedure; Verification of Pleadings; Necessary Proof; Costs Such suit shall be instituted and conducted as other chancery suits, except as provided in this article. Process shall not issue until the bill of complaint sha… Proofed
48-2-12 Ch. 48 — DOMESTIC RELATIONS Divorce Particeps Criminis May Become a Party Any one charged as a particeps criminis shall be made a party to a divorce suit, upon his or her application to the court, subject to such terms and conditions … Proofed
48-2-13 Ch. 48 — DOMESTIC RELATIONS Divorce Maintenance of Wife and Children Pendente Lite; Suit Money; Control of Property The court in term, or the judge in vacation, may, at any time after commencement of the suit and reasonable notice to the man, make any order that may be proper… Proofed
48-2-14 Ch. 48 — DOMESTIC RELATIONS Divorce When Divorce Not to be Granted No divorce for adultery shall be granted on the uncorroborated testimony of a prostitute, or a particeps criminis, or when it appears that the parties voluntari… Proofed
48-2-15 Ch. 48 — DOMESTIC RELATIONS Divorce Alimony; Custody and Maintenance of Children Upon decreeing a divorce, whether from the bond of matrimony or from bed and board, the court may make such further decree as it shall deem expedient, concernin… Proofed
48-2-16 Ch. 48 — DOMESTIC RELATIONS Divorce Period and Effect of Divorce From Bed and Board A decree of divorce from bed and board shall operate upon the rights and legal capacities of the parties as a decree for a divorce from the bond of matrimony, e… Proofed
48-2-17 Ch. 48 — DOMESTIC RELATIONS Divorce Decree of Annulment Bars Dower When any marriage shall be annulled all rights of either husband or wife to dower shall be thereby barred. Proofed
48-2-18 Ch. 48 — DOMESTIC RELATIONS Divorce Divorce Bars Dower; Compensation to Innocent Party When any divorce from the bond of matrimony or from bed and board shall be granted, all rights of either husband or wife to dower shall be thereby barred; but t… Proofed
48-2-19 Ch. 48 — DOMESTIC RELATIONS Divorce Court May Restore to Either Party His or Her Property Upon decreeing the annulment of a marriage, or upon decreeing a divorce, whether from the bond of matrimony or from bed and board, the court shall have power to… Proofed
48-2-20 Ch. 48 — DOMESTIC RELATIONS Divorce Revocation of Decree From Bed and Board; Merger of Such Decree Into Decree From Bond of Matrimony When a divorce from bed and board has been decreed, such decree may be revoked at any time afterwards by the same court by which it was pronounced, under such r… Proofed
48-2-21 Ch. 48 — DOMESTIC RELATIONS Divorce Former Name of Wife May be Restored The court upon granting a divorce from the bond of matrimony to a woman may, if there are no children of such marriage, allow her to resume her maiden name, or … Proofed
48-2-22 Ch. 48 — DOMESTIC RELATIONS Divorce Restrictions on Remarriage When a divorce from the bond of matrimony is decreed, neither party to the marriage so dissolved shall in any case again marry within six months from the date o… Proofed
48-2-23 Ch. 48 — DOMESTIC RELATIONS Divorce Hearings Before Court; Testimony and Depositions as in Law Actions If the process has been served on the defendant sixty days before the first day of the term of court, or if the defendant is a nonresident and has been proceede… Proofed
48-2-24 Ch. 48 — DOMESTIC RELATIONS Divorce Divorce Commissioner; Duties; Fees The circuit court of each county, or the judge thereof in vacation, may in his discretion, appoint a competent attorney in each county as a commissioner in chan… Proofed
48-2-25 Ch. 48 — DOMESTIC RELATIONS Divorce Notice by Plaintiff of Demand for Trial The plaintiff shall, in every case, at least thirty days before the first day of the term at which it is expected to try the case before the court, give the div… Proofed
48-2-26 Ch. 48 — DOMESTIC RELATIONS Divorce Reference to Commissioner in Chancery; Taking of Depositions; Oral Testimony Before Court Instead of proceeding with the cause under the provisions of the twenty-third section of this article, the court may, in its discretion, refer it to one of the … Proofed
48-2-27 Ch. 48 — DOMESTIC RELATIONS Divorce Notice of Hearing by Commissioner The commissioner to whom any case is referred under the provisions of the previous section shall, before proceeding to execute the requirements of the decree of… Proofed
48-2-28 Ch. 48 — DOMESTIC RELATIONS Divorce Sealing by Clerk of Evidence When a final decree is entered in any suit for annulment of marriage or for divorce the clerk shall immediately seal in a package all the written testimony, exh… Proofed
48-2-29 Ch. 48 — DOMESTIC RELATIONS Divorce Suit for Separate Maintenance Whenever a husband shall, without good and sufficient cause, have failed to provide suitable support for his wife, or have abandoned or deserted her, or if the … Proofed
48-2-30 Ch. 48 — DOMESTIC RELATIONS Divorce Advertising of Any Offer to Obtain Divorces Prohibited Whosoever prints, publishes, distributes, or circulates, or causes to be printed, published, distributed, or circulated, any circular, pamphlet, card, handbill,… Proofed
48-3-1 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Ownership and Control of Property in Woman; Not Liable for Husband’s Debts All property, real and personal, now owned by a married woman, or hereafter owned by a woman at the time of her marriage, or acquired by her as prescribed in th… Proofed
48-3-2 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife May Acquire, Hold and Dispose of Property Any married woman may take by inheritance or by gift, grant, devise or bequest from any person, and hold, lease, sell, dispose, convey, agree to sell or convey,… Proofed
48-3-3 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Effect of Conveyance or Contract to Convey of a Married Woman When a married woman signs and delivers any deed or other writing, selling or conveying her own real estate, the same shall operate to pass or convey from such … Proofed
48-3-4 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife How Dower and Other Rights in Real Estate of Other Spouse Barred or Relinquished When a husband or wife joins with his or her spouse in a deed or other writing purporting to convey any real estate of such spouse, such deed or other writing, … Proofed
48-3-5 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Same, by Separate Act of Husband or Wife When one spouse has, without the other’s joining in the deed or other writing, conveyed his or her interest in real estate in which the other is entitled to a c… Proofed
48-3-6 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife May Execute Power of Attorney A married woman may, by power of attorney duly executed, without her husband joining therein, appoint an attorney in fact for her, and in her name to execute an… Proofed
48-3-7 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Conveyances Between Husband and Wife Subject to the provisions of section nine of this article, any conveyance or transfer a of property, or any interest therein, executed by either husband or wife… Proofed
48-3-8 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Right to Contract; Liability for Contracts and Debts A married person may make contracts with any person, including his wife or her husband, and shall be liable on such contracts, and for his or her debts contract… Proofed
48-3-9 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Contracts Between Husband and Wife Not Enforcible at Law Unless in Writing A contract between a husband and wife shall not be enforcible at law, unless such contract, or some memorandum or note thereof, be in writing and signed by the … Proofed
48-3-10 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Presumption of Gift in Certain Transactions Between Husband and Wife Where one spouse purchases real or personal property and pays for the same, but takes title in the name of the other spouse, such transaction shall, in the abse… Proofed
48-3-11 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Trust for Married Woman May be Extinguished Where any person is holding, or who may hereafter hold, as trustee for any married woman, any real or personal property, under any deed of conveyance or otherwi… Proofed
48-3-12 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Provisions of Law Relating to Trusts Available to Married Woman A married woman shall, with respect to any property, real or personal, that may be held in trust for her, be entitled to the benefit of all provisions of law th… Proofed
48-3-13 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife What Restraints or Restrictions May be Placed on Property of Married Woman Any property to which a married woman is entitled, either at law or in equity, may not be subjected to any restraints upon alienation or other restrictions that… Proofed
48-3-14 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Liability of Husband for Wife’s Antenuptial Debts Marriage shall not render the husband or his property liable for any contract or debt of the wife made or incurred before marriage; but she shall remain liable … Proofed
48-3-15 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Liability of Husband or Wife Upon Conveyance or Transfer of Property from One to Other If any property real or personal has been heretofore, or shall hereafter be, conveyed or transferred by either husband or wife to the other, before or after mar… Proofed
48-3-16 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Earnings and Property Purchased Therewith The earnings of a married woman, and any and all property, real and personal, purchased by her with the proceeds of such earnings, shall in all cases be her own… Proofed
48-3-17 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife May Engage in Business A married woman, separately or with any other person or persons, may carry on any profession, trade, occupation or business; and the professional equipment, sto… Proofed
48-3-18 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife May be a Member of a Partnership A married woman may enter into partnership with any person or persons, including her husband. When a married woman becomes a partner she and her property shall … Proofed
48-3-19 Ch. 48 — DOMESTIC RELATIONS Property, Rights and Liabilities of Married Women; Husband and Wife Actions and Suits by a Married Woman; Joinder of Husband A married woman may sue or be sued alone in any court of law or chancery in this State that may have jurisdiction of the subject matter, the same in all cases a… Proofed
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