In Washington, typically all property or assets that belong to a person are called “separate property.” You may carry separate property with you into a marriage, and anything that was yours before will still belong entirely to you afterwards. If you are married and reside in Washington, you need to understand if you have liability for your spouse’s debt. The Washington Principal and Income Act of 2002: Chapter 11.104A RCW. Washington divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title.In most cases, community property will be divided 50/50 between the spouses. Separate property may include vehicles, houses, real property, or bank or retirement accounts that are currently held as separate property of only one spouse. In some circumstances, Washington divorce courts can award separate property of one spouse to the other spouse, as part of their just and equitable division of property. Is Washington a Community Property State? Separate property is all property acquired before the marriage or after the date of separation. Typically, separate property is property that was owned prior to the marriage. Separate property is exactly what it sounds like: the separate assets owned by each spouse before marriage. Washington State is a “no fault” state. Washington’s community property law for spousal debt has some twists and turns, so do not just assume you must pay your spouse’s debt. Separate property includes assets acquired by gift and inheritance and profits and income from that separate property. Most jurisdictions, including the District of Columbia, direct courts to make an "equitable distribution" of marital property during a divorce. Using the example above, if your spouse had an affair, but did not waste an inordinate amount of marital assets on the affair, you most likely will not get a “special award” for more of the assets, regardless of their worth. Validity of agreement to indemnify against liability for negligence relative to construction or improvement of real property: RCW 4.24.115 . Disposition of Your Property Washington law distinguishes between community property and separate property. Here's an overview of how property ownership works in marriage. It is property that a spouse brings into the marriage or receives via gift or inheritance during the marriage. This article focuses on spousal debt, which is one small part of Washington’s community property law. Most states have enacted equitable distribution laws, but Washington is not one of them. Does my spouse have to reside in Washington State before filing a divorce here? It belongs to both spouses, even if only one is on the title. Washington Property Law for Unmarried Couples Authored By: Northwest Justice Project This gives basic information about Washington State law that applies to the division of property and debts when unmarried couples separate. As such, it is important to understand what is a spouse’s separate property versus what is the marital community property … Especially for high-asset couples, establishing the boundaries between separate and community property can make a difference when it comes to division. In a marriage dissolution, individuals frequently ask what assets and debts are subject to the Court’s orders in a divorce. A judge may weigh a variety of factors when deciding how community property should be divided. It is critical that you know and understand the implications of living with an intimate partner in Washington so you can plan accordingly. Separate property is defined by state law. Separate property also includes gifts and inheritances even if they are received… If the parties enter an enforceable agreement regarding the house, the judge almost always adopts it. Community debts. However, this also affects distribution of property. The dissolution of a marriage in the state of Washington generally presents the spouses with a host of important, and often emotional, issues. Washington is a community property state. The differences between divorce and legal separation in Washington State can be subtle, but they are extremely important when it comes to your property, your children, your relationship, and your future. Proceeds from a personal injury case are considered separate property in some states. Separate property is owned by one spouse only. In Washington State (and not all states are the same), separate property is recognized and taken into account in divorce proceedings. ; Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Read More: Washington State Divorce Laws for the Division of Community Property. All separate and community property is subject to division and distribution in a divorce. Answer: Though Washington State’s laws make the outcome difficult to predict, there are guidelines judges keep in mind. Community property is generally all property earned or acquired by you and your spouse during your marriage. Community debts are any debts that either party is responsible for. It is also inheritance or gifts to one spouse acquired during the marriage. A community debt arises at the existence of a marital community. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. The following is a non-exhaustive list of the factors our firm believes judges weigh most heavily: 1. What is separate property? Separate Property States make up the remaining states in the Union and they characterize property earned by a wife or husband as her or his individual separate property. That means that you do not have to allege a wrong to get a divorce. If spouses move from a separate property state, all property acquired in that state and all property acquired with that property is the separate property of the the spouse who earned it. Length of the marriage In short-term (usually below five years) and childless marriages, the court may order the spouses to return to the financial condition that they had before the marriage . While legal separation is not the best choice for some couples that want to end their relationship, it can be an ideal option for others. Washington State law does allow married couples to enter into a binding legal separation instead of an actual Dissolution of Marriage (divorce). Similarly, separate debts are debts incurred prior to marriage or after date of separation. Generally, all property (house, other real estate, car) a spouse gets during the marriage is community property. In community property states, most property acquired during marriage (except for gifts or inheritances) is considered community property (owned jointly by both partners) and is divided upon divorce, annulment, or death. Separate property is excluded from equitable distribution and is not subject to division between the parties. 6. Knowing who owns what according to the laws of your particular state can be helpful for many purposes, including estate planning, drafting a prenuptial agreement, or if the marriage ends in divorce. That means when a couple divorces, most of the property acquired during the marriage may be divided equally between the spouses. Property Division. By Washington State Family Law Lawyer Anne B. Bennette. Property Classification. Separate property is property acquired before marriage, or property received during the marriage as inheritance or a gift, or obtained under other special circumstances. Family Law Attorneys Working with Divorcing Couples to Divide Community Property in Washington. 26.16.020: Separate property of domestic partner. Heated disagreements in Washington State divorces often boil down to whether an asset should be characterized as community property or separate property. Legal Separation in Washington State. 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