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W. Va. Code § 38-9-4

Proceedings to reach excess value of homestead

Applied in 1 court decision — leading case 163 W. Va. 310 - Cottrell v. Public Finance Corp. (1979)

Most recently applied in 163 W. Va. 310 - Cottrell v. Public Finance Corp. (July 1979)

Any creditor of the person owning such homestead may assert a claim in a civil action, alleging that the value of the homestead is of greater value than $5,000, and if the court shall be satisfied, from the proofs in the cause, that the allegations are true, it shall make such order or decree as may be necessary to subject such excess of value, above the sum of $5,000, to the payment of the debt, or demand of such creditor. If more than one creditor shall join in such judicial proceeding, and their debts or claims be of equal priority, such excess shall be paid pro rata upon the debt or claim of each.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.