178 W. Va. 781 - Roig v. Roig’s Empirical Analysis
1987
Citation profile
46 state decisions
How this case has been cited
Cited by 46 later decisions — most recently November 2006 · most notably 194 W. Va. 263 - Burnside v. Burnside (1995), 183 W. Va. 451 - Whiting v. Whiting (1990)
46 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 167 W. Va. 1 - Patterson v. Patterson · 142 W. Va. 716 - Lieberman v. Lieberman · 178 W. Va. 23 - Hamstead v. Hamstead
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[I]t was obviously the intent of the legislature to allow one spouse to transfer property to the other spouse by irrevocable gift and thereby remove the assets so transferred from inclusion in the marital estate. However, in keeping with the spirit of Code, 48-3-10 [1984], in order for property that is transferred from one spouse to the other during marriage to be excluded from the marital property pool, there must be proof that the property was intended as an irrevocable gift.... In all instances, the burden of proof is upon the spouse who would claim the gift."”
7 later decisions quote this exact passage“[m]ost people do not intend unjustly to enrich the other man.”
2 later decisions quote this exact passage“marital property” for purposes of equitable distribution at the time of divorce notwithstanding that the assets have been acquired by one spouse and”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.