A "Just and Equitable"
Division of Marital Property
Seattle, Washington, Divorce Lawyers
Washington is a community property state with laws that provide for a "just and equitable" division of the marriage estate. What that basically means for most people who go through a divorce is that anything accumulated during their marriage (assets or debt) will be "split" fairly equally between the two.
In reality, marital property division is rarely this simple. Where things can become complicated is when one spouse attempts to hide assets, or for one more example — when each spouse owns a house at the time of the marriage, one gets sold and the funds become inextricably commingled with the assets of the marital estate over time.
If you are thinking about getting a divorce and would like to talk about your property-related concerns with an attorney first — call Engel Law Group in Seattle, Washington, at 206.625.9800 for a free consultation or contact us online.
What Counts as Community Property?
It may be easier to answer this question by first defining what "separate property" means. Separate property is property that was brought into the marriage, or inherited, or received as a personal gift.
For example, one spouse has a small business and continues to operate that business during the marriage. For purposes of property division, the value of that business at the time of the marriage will be considered separate property. However, any increase in the value of that business during the marriage could go into the marriage estate.
Having said all of that, it is important to recognize that absent a prenuptial or postnuptial agreement, pretty much everything will be lumped into the community property category. In other words, if you believe that certain assets included in the marriage estate should be considered separate property — you have to prove it.
The Relationship Between
Community Property and Spousal Maintenance
If alimony will likely be required as part of the final divorce settlement, the courts or the spouses themselves may elect to simplify things by dividing the community property in a way that reflects that.
For answers to other questions you have about property division, its relationship to alimony or how our lawyers can effectively protect your rights and interests during the divorce — just call our Seattle, Washington, law offices at 206.625.9800 to schedule a free consultation or e-mail us and we will get back to you soon.
