91 W. Va. L. Rev. 267 (1988-1989)
Joint Tenancy in West Virginia: A Progressive Court Looks at Traditional Property Rights

handle is hein.journals/wvb91 and id is 281 raw text is: JOINT TENANCY IN WEST VIRGINIA: A
PROGRESSIVE COURT LOOKS AT
TRADITIONAL PROPERTY RIGHTS
JoHN W. FISHER, II*
I. JOINT TENANCY IN REALTY: THE LAST TWENTY FIVE
YEARS  ...............................................................  268
II. A CREDITOR'S RIGHTS To A DEBTOR'S JOINTLY-OWNED
PROPERTY: How MUCH Is IT WORTH? ....................      273
III. JOINT TENANCY OF BANK DEPOSITS: TRYING To FIT A
SQUARE PEG INTO A RouND HOLE .........................   277
IV. DIVORCE: DOES TITLE MATTER ANYMORE? ...............        288
V. WHO SAYS CRIuivE DOESN'T PAY? ............................  294
VI.   CONCLUSION ........................................................  302
It has been over 25 years since Professor Londo H. Brown pub-
lished his article entitled Some Aspects of Joint Ownership of Real
Property in West Virginia.1 Professor Brown described the article
as an attempt to shed some light upon some of the consequences
of joint ownership of real property in West Virginia other than tax
consequences.12 Since that time a number of important decisions
have been made in the subject area by the West Virginia Supreme
Court of Appeals. There has also been a complete revision of divorce
law, which has had a significant impact on property rights of a
husband and wife regardless of the type of tenancy or ownership
involved. This article will examine these decisions and developments
in personal and real property law.
* Professor of Law, West Virginia University College of Law; A.B., 1964, West Virginia
University; J.D., 1967, West Virginia University.
The author acknowledges with sincere appreciation the assistance of Ms. Grace Wigal as a
research assistant in the preparation of the article.
1. Brown, Some Aspects of Joint Ownership of Real Property in West Virginia, 63 W. VA.
L. REv. 207 (1961).
2. Id. at 207-08.

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