Washington is one of nine states in the United States that have community property laws. In this property division model, the courts will seek to divide the divorcing couples acquired marital assets and debts equitably, but not necessarily equally.
To help you gain a better understanding of this process, here are three commonly asked questions about property division in Washington State:
What is community property?
When you and your spouse file for divorce in Washington State, all of your gained assets and debts from the course of your marriage will be divided by the judge in a manner that is deemed just and fair. Six common types of community property include:
- Earned income from employment
- Joint bank accounts
- Retirement accounts
- Real estate
- Personal property
- Any existing debts or loans
Although there is a common notion that all community property states practice a 50/50 split of marital assets, the Washington courts are guided by the “just and equitable” principle in dividing property.
Can I keep my non-marital property?
Also known as separate property, any asset that either party has gained before their marriage started will remain theirs to keep, with some exceptions. Three common types of separate property include:
- Gifts received from the other spouse before and during the marriage
- Inheritance received from before and during the marriage
- Debts or loans from before the marriage
However, it is important to note that any type of non-marital property that was mixed (or commingled) with your marital funds will become community property. One example of this is when you deposit a portion of your inheritance into a joint account, and the fund is used to buy a family van.
Are there exceptions?
Yes, there are some legal exceptions in property division. If you and your spouse have a valid prenuptial or postnuptial agreement, the binding contract can override the community property laws. This means that the court will seek to divide your assets based on your agreement’s terms.
You will be all right
Navigating your divorce can be a scary process to go through. However, you must remember that you are not always alone. When things start to feel heavy, ask for help. With your courage and your loved ones’ support, you can move forward with your divorce case confidently.
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