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11 West Virginia opinions name it 1 courts 1983–2004 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
LaRue v. LaRuegreen2 sentences2002See LaRue v. LaRue, 172 W.Va. 158 , 304 S.E.2d 312 (1983) (recognizing the doctrine of equitable distribution). 2002See LaRue v. LaRue, 172 W.Va. 158 , 304 S.E.2d 312 (1983) (recognizing the doctrine of equitable distribution). | 3 | 4 |
Patterson v. Pattersongreen2 sentences1983That is, a wife should be entitled to a trust in property to the extent that the husband is unjustly enriched by her contribution." W.Va., 277 S.E.2d at 716 . [13] Thus, we believe that Patterson's principles are compatible with the doctrine of equitable distribution, which permits a spouse, who has made a material economic contribution toward the acquisition of property which is titled in the name of or under the control of the other spouse, to claim an equitable interest in such property in a proceeding seeking a divorce. 1983Although this point was not at issue in Patterson, supra, the matter was addressed in part of Syllabus Point 3: "Traditional domestic services such as those as wife, mother, and housekeeper and incidental contributions to a husband's business never alone give rise to grounds for impressing the property of the husband with a trust." It is possible to distinguish this language by pointing out that it is cast in terms of a constructive trust which is not coextensive with the doctrine of equitable distribution. | 1 | 2 |
Goode v. Goodegreen2 sentences1995Intention may be inferred from the relations of the parties and from all the facts and circumstances. [22] Equitable distribution is based on the idea of marriage as a partnership in which both spouses contribute to the marital economy, whether directly by employment outside the home or indirectly by providing services within the home. "[I]n adopting the doctrine of equitable distribution, we stated that such doctrine `rests upon concepts of unjust enrichment[.]' " Goode v. Goode, 183 W.Va. 468, 475 , 396 S.E.2d 430, 437 (1990), quoting LaRue v. LaRue, 172 W.Va. 158, 167 , 304 S.E.2d 312, 320 1995Intention may be inferred from the relations of the parties and from all the facts and circumstances. [22] Equitable distribution is based on the idea of marriage as a partnership in which both spouses contribute to the marital economy, whether directly by employment outside the home or indirectly by providing services within the home. "[I]n adopting the doctrine of equitable distribution, we stated that such doctrine `rests upon concepts of unjust enrichment[.]' " Goode v. Goode, 183 W.Va. 468, 475 , 396 S.E.2d 430, 437 (1990), quoting LaRue v. LaRue, 172 W.Va. 158, 167 , 304 S.E.2d 312, 320 | 1 | 1 |
State v. Knappgreen1 sentence1987Cecil v. Knapp, 143 W.Va. 896, 904 , 105 S.E.2d 569, 574 (1958): “ ‘Though the power of courts of equity to award alimony is derived from statute it did not originate in any statute but stems from the legal obligation of the husband, incident to the marriage state, to maintain his wife in a manner suited to his means and social position....’” Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the “coverture factor” to determine the nonmilitary spou | 1 | 1 |
Conner v. Connergreen2 sentences1986Since we have applied the homemaker principles to the present case, we will extend these principles to those cases presently on appeal to this Court where an equitable distribution claim for homemaker services has actually been presented in the lower court.” 2 See also Conner v. Conner, 175 W.Va. 512, 515 , 334 S.E.2d 650, 653 (1985); Peremba v. Peremba, 172 W.Va. at 293-294 n. 2, 304 S.E.2d at 880-81 n. 2. 1986Since we have applied the homemaker principles to the present case, we will extend these principles to those cases presently on appeal to this Court where an equitable distribution claim for homemaker services has actually been presented in the lower court.” 2 See also Conner v. Conner, 175 W.Va. 512, 515 , 334 S.E.2d 650, 653 (1985); Peremba v. Peremba, 172 W.Va. at 293-294 n. 2, 304 S.E.2d at 880-81 n. 2. | 1 | 1 |
Murredu v. Murredugreen2 sentences1985See, e.g., Murredu v. Murredu, 160 W.Va. 610 , 236 S.E.2d 452 (1977). 1985See, e.g., Murredu v. Murredu, 160 W.Va. 610 , 236 S.E.2d 452 (1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Butcher v. Butcher
green
2 sentences1989Mr. Chamberlain contends that his wife only lived with him during four years of his career, and therefore, she should only receive credit for 40 percent of one-fifth of his pension. 2 We stated in Syllabus Point 2 of Butcher v. Butcher, 178 W.Va. 33 , 357 S.E.2d 226 (1987): “Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the ‘coverture factor’ to determine the nonmilitary spouse’s share. 1989Mr. Chamberlain contends that his wife only lived with him during four years of his career, and therefore, she should only receive credit for 40 percent of one-fifth of his pension. 2 We stated in Syllabus Point 2 of Butcher v. Butcher, 178 W.Va. 33 , 357 S.E.2d 226 (1987): “Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the ‘coverture factor’ to determine the nonmilitary spouse’s share. | 2 | 1989–1993 |
Belcher v. Goins
green
2 sentences2004Another example of the prospectivity issue being conformed to specific perceived equitable needs is found in Belcher v. Goins, 184 W.Va. 395 , 400 S.E.2d 830 (1990). 2004Another example of the prospectivity issue being conformed to specific perceived equitable needs is found in Belcher v. Goins, 184 W.Va. 395 , 400 S.E.2d 830 (1990). | 1 | 2004–2004 |
State ex rel. Cecil v. Knapp
neutral
1 sentence1987Cecil v. Knapp, 143 W.Va. 896, 904 , 105 S.E.2d 569, 574 (1958): “ ‘Though the power of courts of equity to award alimony is derived from statute it did not originate in any statute but stems from the legal obligation of the husband, incident to the marriage state, to maintain his wife in a manner suited to his means and social position....’” Where an equitable distribution claim is made on a military retirement pension, courts have utilized their general law on equitable distribution of property, and have also applied what may be termed the “coverture factor” to determine the nonmilitary spou | 1 | 1987–1987 |
Peremba v. Peremba
green
2 sentences1986Since we have applied the homemaker principles to the present case, we will extend these principles to those cases presently on appeal to this Court where an equitable distribution claim for homemaker services has actually been presented in the lower court.” 2 See also Conner v. Conner, 175 W.Va. 512, 515 , 334 S.E.2d 650, 653 (1985); Peremba v. Peremba, 172 W.Va. at 293-294 n. 2, 304 S.E.2d at 880-81 n. 2. 1986Since we have applied the homemaker principles to the present case, we will extend these principles to those cases presently on appeal to this Court where an equitable distribution claim for homemaker services has actually been presented in the lower court.” 2 See also Conner v. Conner, 175 W.Va. 512, 515 , 334 S.E.2d 650, 653 (1985); Peremba v. Peremba, 172 W.Va. at 293-294 n. 2, 304 S.E.2d at 880-81 n. 2. | 1 | 1986–1986 |
Parrott v. Parrott
green
2 sentences1983We have previously cited South Carolina's use of the doctrine of equitable distribution in Parrott v. Parrott, supra , where the homemaker wife was given "an equitable interest in real property acquired by the wage-earner spouse during the marriage." 292 S.E.2d at 184 . 1983We have previously cited South Carolina's use of the doctrine of equitable distribution in Parrott v. Parrott, supra , where the homemaker wife was given "an equitable interest in real property acquired by the wage-earner spouse during the marriage." 292 S.E.2d at 184 . | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.