H. B. 4078

(By Delegates Damron, Coleman, Dempsey,
Tillis, Hubbard, Leach and Underwood)
[Introduced Janaury 26, 1998; referred to the
Committee on Finance.]

A BILL to amend article five, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen, relating to assessment of personal property; and providing for assessment of motor vehicles previously titled jointly by a married couple, but awarded to one of the spouses in a final divorce order.

Be it enacted by the Legislature of West Virginia:
That article five, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fourteen, to read as follows:
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-14. Assessment of motor vehicles previously titled jointly by married couples following final divorce order.
Upon the presentment to the assessor of a certified copy of a final divorce order, entered under the provisions of section fifteen, article two, chapter forty-eight of this code, which grants the possession of a jointly titled motor vehicle to one of the parties to the divorce, the assessor shall list and assess that motor vehicle in the name of the person awarded possession of the vehicle in the final divorce order. If two jointly owned motor vehicles are involved in the divorce order and the vehicles are awarded exclusively to be titled one in the name of the husband and one in the name of the wife, the assessor shall divide the assessment of the taxes owed on the vehicles between the husband and wife for the purposes of taxation on the vehicles so that the husband or wife will be responsible for the payment of taxes only on the vehicle awarded to him or her by the final divorce order.

NOTE: The purpose of this bill is to provide for the assessment of taxes on jointly titled motor vehicles which are awarded to the spouses in a divorce by having the assessor split the taxes or assessment between the parties so that each is responsible only for the taxes on the vehicle awarded to that spouse.

This section is new; therefore, strike-throughs and underscoring have been omitted.