One of the most common questions from people considering divorce in Washington state is what will happen to the marital home if it’s only in one spouse’s name. Given how the marital home often represents a couple’s most significant asset, it’s easy to understand why this question comes with uncertainty and, as a result, anxiety. As Washington state is a community property state, the answer to this question will rest on identifying a few facts concerning the marital home and other assets.
Understanding Property Rights in Washington: Community Property vs. Separate Property
In Washington, property acquired during the marriage is generally owned by both spouses, with a few exceptions. Community property states treat marital property in a business-like manner without considering emotions, which can have major implications in Seattle divorces.
In community property states, most of a couple’s property is presumed to be jointly owned. Generally, community property is everything that either party acquires during a marriage. Certain exceptions apply, perhaps most commonly for gifts or inheritances one spouse receives during the marriage from someone outside the marriage.
Community property can encompass real estate, physical assets, spouses’ earnings, interest from investments, capital gains, and retirement benefits. It also includes debts either spouse accumulated during the marriage, even if the other partner was unaware of them. Unless a court order or binding agreement states otherwise, spouses are jointly responsible for community debts.
Both assets and debts acquired before marriage or after the separation date are considered separate property. For instance, wages earned during the marriage are community property, while wages earned after separation are categorized as separate property.
Typically, separate property includes funds, real estate, investments, gifts, inheritances, heirlooms, and other similar assets acquired before the marriage or after separation. However, if separate property becomes mixed with community property to the degree that it becomes impossible to distinguish which is which, the court may consider it community property.
The presumption is that property is community property unless proven otherwise. Proving that an asset is separate requires tracing its origins. When tracing assets, simply identifying the name on the car’s title or the home’s deed might not determine their classification. If assets are mixed such that tracing becomes impossible, they are considered co-mingled and treated as community property.
Understanding the trail of assets and debts is imperative before considering a divorce. You might find yourself facing more debt than anticipated; for example, if your spouse has accumulated medical debt, you may need to divide that debt as part of the divorce settlement.
How Asset Division Works in Washington State
Grasping the differences between community and separate property is only the first step in determining how a court might divide a couple’s assets and debts. It’s also of paramount importance to recognize that the court reviews each divorce individually and will divide assets and debts based on what it considers “just and equitable” without considering marital fault.
In this context, equitable means fair rather than a strict 50-50 split. Courts may consider both separate and community property when determining fairness, but they usually aim to award each spouse their separate property and then divide the community property.
If one spouse has numerous separate assets, the other partner might end up with a larger share of the community assets when the divorce settles. The court will consider various factors, such as the marriage’s duration, each spouse’s economic situation at the time of division, the parenting plan, and more. The court will also evaluate the separate property each spouse owns.
Additional considerations might include each partner’s historical role in the marriage. For example, if one spouse has mainly been caring for the children while the other has been the primary earner, the court will likely consider this dynamic in its decision.
Finally, how property, including the marital home, is divided can influence spousal support amounts and duration. Spousal support decisions will also turn on factors like the marriage’s length, each spouse’s financial resources and needs, and the standard of living during the marriage.
What to Do if the Marital Home Is Only in Your Spouse’s Name
If your marital home is only in your spouse’s name, don’t panic. Instead, start gathering information to claim your share of the home under Washington state law. Aside from documentation about when the home was purchased, i.e., before or after the marriage, you will want to gather proof of contributions you made to the home, such as improvements, while you were married and the payment source.
In addition, you should collect any recent property appraisals of the home to prove its value. Given how quickly real estate markets can fluctuate, your home will likely require a reappraisal once the divorce is underway. Even so, having as much information as possible regarding the home’s value can be helpful.
Your Washington state family law attorney will use all of the information you provide to negotiate a fair and equitable settlement reflecting your claims for equity in the home.
Find a Washington state family law attorney to assist with asset division in your divorce.
Asset and debt division ranks high as a consequential issue in Washington state divorces, where community property laws govern. Therefore, it is wise to have counsel experienced and skilled in calculating equitable distribution to support you.
How assets and debts get divided in a divorce is often a cause of worry for family law clients, especially if a significant asset like the marital home is not in their name. Fortunately, that detail won’t preclude you from asserting a claim that you have an equity interest in it.
At Elise Buie Family Law, our team of Washington family law attorneys knows how emotionally charged dividing assets in a divorce can be. We have vast experience negotiating fair and equitable settlements in divorce and are eager to hear the details of your case so we can help you. Contact us today or schedule a call with one of our team members now.
