Stanley v. Stanley (Signed Opinion)Annotate this Case
Wife conveyed real estate to her five adult children without providing notice to Husband during the pendency of the parties’ divorce. The family court ruled that Wife’s conveyance of the subject property without notice to Husband violated W. Va. Code 43-1-2(b) and ordered that the value of the property be included in the calculation of the marital property. The circuit court reversed. The Supreme Court reversed the circuit court’s order and reinstated the order of the family court, holding (1) Husband was entitled to statutory notice of the real estate conveyance under the plain language of section 43-1-2(b); and (2) the family court applied the proper remedy for a violation of this notice provision.