WVC 38 - 9 - 4
§38-9-4. Proceedings to reach excess value of homestead.
Any creditor of the person owning such homestead may assert
a claim in a civil action, alleging that the value of the
homestead is of greater value than five thousand dollars, and if
the court shall be satisfied, from the proofs in the cause, that
the allegations are true, it shall make such order or decree as
may be necessary to subject such excess of value, above the sum
of five thousand dollars, to the payment of the debt, or demand
of such creditor. If more than one creditor shall join in such
judicial proceeding, and their debts or claims be of equal
priority, such excess shall be paid pro rata upon the debt or
claim of each.