Burnside v. Burnside

Double, Double toil and trouble;

Fire bum and cauldron bubble.

William ShaKespeaee, Maobeth act 4, sc. 1.

Once again the majority stirs the cauldron created by Whiting v. Whiting, 183 W.Va. 451, 396 S.E.2d 413 (1990). A mere three months before the separation, Mrs. Burnside succumbed to Mr. Burnside’s pressure and used part of her inheritance to pay off the mortgage on the couple’s house. The family law master and the circuit court applied the Whiting gift presumption and Mr. Burnside was awarded a half-interest in the jointly titled house. Mrs. Burnside cried foul and foul it is!

Eye of newt,…