WVC 48 - 29 - 202
§48-29-202. Presumption of gift in certain transactions between
husband and wife.
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:
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
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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