Dividing assets that are considered equally owned by both spouses, or what is known as community property, is often a complicated task.
Unless an agreement is already in place, it can become a hotly contested issue between couples. Although it may be enticing to quickly resolve the matter, protecting your financial assets can significantly impact your long-term future.
Our experienced asset division attorneys at Twyford Law Office can help you avoid costly mistakes when it comes to dividing community property. Contact us today at (509) 565 8684 and schedule a free consultation with a Spokane community property lawyer.
Since Washington is a community property state, there are laws in place designating half of all assets and debts accrued during a marriage to each spouse (RCW 26.16.030). For example, that can include:
When a couple is seeking a divorce but is originally from a state that doesn’t recognize community property, then any assets acquired before moving to Washington will be considered separate property. For personalized guidance on state community property laws, consulting with a Spokane attorney can help ensure a fair division of assets and debts.
Any property and accrued debts prior to the marriage and following the date of separation are not marital property. Spouses also have the option of entering into a contractual agreement, which can change community property to separate property or vice versa (RCW 26.16.120).
Additional assets that are generally categorized as separate property are gifts given to only one spouse and inheritances.
The amount of money each spouse has earned does not matter in a community property state, as everything accumulated during the marriage belongs to both parties and will be split equally during a divorce.
However, the division of community property can be particularly complex when there has been commingling of separate property.
The court will decide how to split up community property and, when applicable, separate property, based on the following:
Other factors that may impact the division, can include if a spouse helped their husband or wife advance in their career by giving up their own career opportunities.
The court may then be inclined to give a more substantial portion of the community assets to that spouse in an effort to balance out the difference.
Unless community property was wasted by a spouse, the state will not take affairs or other negative behaviors into consideration when making their decision.
For more specific information on how community property laws may affect your case or to speak to an attorney about filing for divorce, contact Twyford Law Office.
A Spokane community property lawyer can be reached by calling (509) 565 8684. or filling out a request form online.