Tacoma Divorce Attorneys

Tacoma Divorce Lawyer David M. Lux

(253) 444-5517

Serving all of Pierce County

Washington State divorce law on the division of property and debts.

Division of Property

There seems to be a lot of confusion regarding the issue of property division under Washington State divorce law.  This is understandable since there are no bright line rules for the judges to follow on this issue.

Here is the best way to sum it up. 

There is no fixed method for determining how property should be divided.  In Washington, all assets — real and personal, tangible and intangible — are available for division, even so-called "separate property" brought into the marriage or acquired while married. 

These after-marriage acquired assets can include such things as earnings on separate property, real estate appreciation, inheritances, and personal injury lawsuit awards.  Here is how you have to think of it.  Absolutely everything that you and your spouse own is on the table for division.

Now, that is not to say that the court is going to actually going divide everything on the table.  In many cases involving separate property, they do not.  But they have the authority to do so based on a wide variety variables and the specific evidence presented to them. 

If you believe that you have right to certain separate property, it is important to speak with an experienced Tacoma divorce attorney at the onset of your case.  This is particularly true if your brought significant assets into your marriage, and you have been married for a number of years.  It is critical that these assets be properly identified, valued and distinguished from the marriages community assets.

A "just and equitable" division.

As a community-property state, Washington laws provide for "just and equitable" division of property acquired during a marriage; it does not necessarily require an equal division.  Indeed, under certain circumstances, the court can and will divide and give to a spouse the other parties' clearly identified separate property.

If the husband and wife negotiate an agreement, the court will probably approve it.  If no settlement is reached, the court will decide how to divide the property.  Property settlement agreements are binding and generally cannot be modified.

Property division is generally made without regard to marital misconduct; instead, a court considers:

• nature and extent of community property;
• nature and extent of separate property;
• how long the parties were married;
• financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans;
• who is going to pay the bills; and
• special circumstances.
  

A special provision of Washington law requires the court to consider whether a parent should be allowed to continue living in the family home so the children do not have to be moved.

Division of Bills and Debts

All liabilities must also be divided when dissolving a marriage. Consideration is given to the type of debt and the circumstances under which it arose.  Factors influencing the property division are also applied when dividing obligations.

Most credit and charge account agreements provide for joint liability for any charges added to joint accounts.  Therefore, creditors should be instructed (in writing) to remove your name from or, alternatively, close all joint accounts.  If you wish to maintain credit with certain creditors, separate accounts should be opened.