Property in Divorce

Property in Divorce

As part of any divorce, property must be divided between the parties. Washington law dictates how the courts go about making this division.

Nature of Property

Washington is a community property state, which means that property accrued during marriage is owned by both spouses, with the exception of gifts or inheritance. Any assets and debts acquired prior to the date of marriage or obtained after the date of separation are viewed as separate property. For example, if you earned a wage from your employer during marriage, those wages are community, but wages you have earned since separation are separate property.

Just and Equitable

Washington Courts must divide property in a way that is “just and equitable”, without regard to fault in the marriage. It is important to remember that equitable in this situation means fair, rather than equal, division.  In determining what is fair and equitable Courts may look to both separate and community property; however, Courts lean toward awarding each spouse all his or her separate property, but dividing community property. When deciding how to create a just and equitable division, the court may also consider the duration of the marriage and the economic circumstances of each spouse at the time the division of property is to become effective.

Courts presume property is community in character unless proven otherwise. To prove that an asset is separate it must be traced. When tracing assets the naming of the asset, for example the party on the car’s title or the party on the deed to the home, may not be the determining factor for characterization. If assets have been mixed to the extent that tracing is impossible, they are said to be co-mingled and are viewed as community property.

End of Community

For purposes of property characterization, a marriage ends when the spouses separate, even informally by moving into separate home, or by filing a petition for divorce or legal separation. The end date of your marriage is something you will want to discuss with your attorney, and will be found on your petition for legal separation or divorce.

Property division under Washington Law can be complicated for divorcing clients, which is why we have lawyers here to help. Having an experienced divorce lawyer can make all the difference to your process. Because we focus solely on family law, we understand the dynamics and can help guide you through your divorce. Please contact Elise Buie Family Law Group, PLLC for a consultation regarding your divorce. For more information about collaborative divorce or mediation please visit our website. 

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

Learn from an experienced Seattle family law attorney what happens if the marital home is only in your spouse's name during divorce.

Washington family law usually encourages parents to work out differences between themselves without involving the judicial system. Child support modification is different. Informal side agreements, even written agreements, are unenforceable in family court. So, when circumstances change accordingly, as outlined…

Reducing one’s tax obligations is a significant factor in many financial decisions, including those you make as part of your estate planning. When you get far enough into the details of your estate plan, though, you may find that tax…

If you ask those who have survived domestic violence why they stayed in abusive situations as long as they did, it is often not because they did not realize that what was happening to them was abuse. People who have…

Learn from a Seattle family law attorney how to find the right collaborative divorce lawyer for your Washington state divorce.

Learn from an experienced Seattle divorce lawyer about the benefits of collaborative divorce over litigation.

A skilled and experienced Seattle family law attorney describes the differences between collaborative divorce and divorce mediation.

A Seattle estate planning attorney can help guide you about who to choose for key roles in your estate plan.

A prenuptial agreement, or a “prenup,” can help you and your future spouse decide how to handle certain financial issues in your lives before they cause conflict and hurt feelings. This is true even if you believe you would never…

A skilled and experienced Seattle family law attorney describes what happens when negotiations break down in a collaborative divorce.