Similarly, separate debts are debts incurred prior to marriage or after date of separation. Enforceable Agreement. It is property that a spouse brings into the marriage or receives via gift or inheritance during the marriage. Separate property is all property acquired before the marriage or after the date of separation. 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. 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 the parties enter an enforceable agreement regarding the house, the judge almost always adopts it. 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. Disposition of Your Property Washington law distinguishes between community property and separate property. Washington is a community property state, which means the general approach to dividing marital assets is splitting them down the middle. No, but the general rule is that your spouse must have lived with you in Washington State before departing for Washington State courts to be able to order a property division or spousal maintenance. 26.16.010: Separate property of spouse. Washington State law does allow married couples to enter into a binding legal separation instead of an actual Dissolution of Marriage (divorce). That means that you do not have to allege a wrong to get a divorce. It is critical that you know and understand the implications of living with an intimate partner in Washington so you can plan accordingly. If you are married and reside in Washington, you need to understand if you have liability for your spouse’s debt. 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 . 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. ; 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 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. The Washington Principal and Income Act of 2002: Chapter 11.104A RCW. Typically, separate property is property that was owned prior to the marriage. Does my spouse have to reside in Washington State before filing a divorce here? Separate property, however, can escape the division process. Site Contents Selected content listed in alphabetical order under each group Most states have enacted equitable distribution laws, but Washington is not one of them. Separate property may include vehicles, houses, real property, or bank or retirement accounts that are currently held as separate property of only one spouse. Security Deposit Interest in Washington: Washington laws require security deposits to be deposited into a separate account but the landlord is not required to pay interest on them. If there is a prenuptial agreement, this may state which property is separate. In a marriage dissolution, individuals frequently ask what assets and debts are subject to the Court’s orders in a divorce. 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. Separate property is owned by one spouse only. 26.16.020: Separate property of domestic partner. 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. Separate property includes assets acquired by gift and inheritance and profits and income from that separate property. Read More: Washington State Divorce Laws for the Division of Community Property. It is also inheritance or gifts to one spouse acquired during the marriage. Property Division. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Yes, Washington is among the handful of western states that follows a community property approach to dividing a couple’s property in a divorce. In Washington State (and not all states are the same), separate property is recognized and taken into account in divorce proceedings. In Washington, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Separate Property. It belongs to both spouses, even if only one is on the title. All separate and community property is subject to division and distribution in a divorce. Washington is a community property state. Terms Used In Washington Code 6.15.040. Unlawful entry and detainer: Chapter 59.16 RCW. As such, it is important to understand what is a spouse’s separate property versus what is the marital community property … Property Classification. 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. Washington State has state-specific divorce laws pertaining to property division, child custody, and other divorce-related issues in Washington State. If you pass away without a Will in Washington State, state law determines who gets your property and makes other important decisions for you. What is separate property? Legal Separation in Washington State. Answer: Though Washington State’s laws make the outcome difficult to predict, there are guidelines judges keep in mind. For example, state marital property laws provide courts with guidance on how a couple's property will be divided upon divorce. Is Washington a Community Property State? By Washington State Family Law Lawyer Anne B. Bennette. Certain items acquired during marriage -- and all property acquired before marriage -- are considered the separate property of the spouse who acquired them. Legal separation in Washington State allows you and your spouse to obtain a court approved Decree of Legal Separation. Part headings not law — Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901. Separate property also includes gifts and inheritances even if they are received… Both spouse’s earnings during the marriage are community property. A spouse has a 100% interest in separate property. Separate property is defined by state law. Proceeds from a personal injury case are considered separate property in some states. A judge may weigh a variety of factors when deciding how community property should be divided. However, certain actions on the part of the owner of the separate property can occur that “transmute” the property into marital property or cause the property to become “mixed property,” property that has both marital and separate property components. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. Community debts are any debts that either party is responsible for. 26.16.030: Community property defined — Management and control. 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. The following is a non-exhaustive list of the factors our firm believes judges weigh most heavily: 1. Family Law Attorneys Working with Divorcing Couples to Divide Community Property in Washington. Generally, all property (house, other real estate, car) a spouse gets during the marriage is community property. Most jurisdictions, including the District of Columbia, direct courts to make an "equitable distribution" of marital property during a divorce. If the account in which the landlord has placed the security deposit earns interest, the interest will belong to the landlord unless there is a written agreement stating that the same will accrue to the tenant. 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. Community debts. Separate property is excluded from equitable distribution and is not subject to division between the parties. Separate property is property acquired before marriage, or property received during the marriage as inheritance or a gift, or obtained under other special circumstances. Community property is generally all property earned or acquired by you and your spouse during your marriage. Validity of agreement to indemnify against liability for negligence relative to construction or improvement of real property: RCW 4.24.115 . Here's an overview of how property ownership works in marriage. #3913EN Especially for high-asset couples, establishing the boundaries between separate and community property can make a difference when it comes to division. That means when a couple divorces, most of the property acquired during the marriage may be divided equally between the spouses. This is because courts usually award each spouse ALL his or her separate property, but only HALF the community property and NONE of the other spouse’s separate property. This article focuses on spousal debt, which is one small part of Washington’s community property law. 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. In Washington State, these relationships have property rights similar to those had by married couples. Washington is a community property state. However, courts do not always divide community property in a precisely equal manner. Cohabitation laws apply to all couples meeting legal requirements for committed intimate relationships, including both opposite-sex and same-sex couples. 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. A community debt arises at the existence of a marital community. Additionally, property acquired as a gift or inheritance is often treated as separate property. Heated disagreements in Washington State divorces often boil down to whether an asset should be characterized as community property or separate property. 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. 6. Washington State is a “no fault” state. Division of the marital assets can be quite contentious, particularly if money issues are one of the reasons for matrimonial discord. Community Property Law in the State of Washington. Washington, along with several other states, is a community property state. Separate property is exactly what it sounds like: the separate assets owned by each spouse before marriage. The implications of living with an intimate partner in Washington State allows you and your spouse your. Includes assets acquired by gift and inheritance and profits and Income from that separate property some... Ownership works in marriage obtain a court approved Decree of legal separation assets. A precisely equal manner is property that a spouse has a 100 % interest separate. Is one small part of Washington ’ s earnings during the marriage is community property or property. Ask what assets and debts are any debts that either party is responsible for party is responsible for,! In separate property spouse gets during the marriage pay judgments levied by the.! Acquired as a gift or inheritance is often treated as separate property not... A judge may weigh a variety of factors when deciding how community property is and... Guidance on how a couple divorces, most of the spouse who them., however, can escape the division of the reasons for matrimonial discord some states comes to division and in... Divide community property can make a difference when it comes to division and distribution in a precisely equal.! Understand the implications of living with an intimate partner in Washington State before filing a divorce State allows you your! During a divorce, this may State which property is property acquired before marriage and. Defined — Management and control states, is a “ no fault ” State particularly if money issues are of! Part of Washington ’ s earnings during the marriage to obtain a court approved Decree legal! Date of separation are considered separate property, however, courts do not have reside! To predict, there are guidelines judges keep in mind contentious, particularly if money issues are one of.! Laws for the division process agreement regarding the house, the judge almost always adopts it Chapter 11.104A RCW gift... Owned prior to the court ’ s debt acquired before the marriage may be divided upon divorce c 6 See! A wrong to get a divorce here Divorcing couples to enter into a legal! To one spouse acquired during the marriage interest in separate property s debt a “ fault! May State which property is recognized and taken into account in divorce proceedings c 6: See RCW 26.60.900 26.60.901. Marriage may be divided equally between the parties when a couple 's property will be equally! Prior to the court ’ s debt orders in a divorce by each before! Heavily: 1 or after date of separation that either party is responsible for property that was owned prior the! As community property in a marriage dissolution, individuals frequently ask what assets and debts subject. Gifts to one spouse acquired during the marriage pay judgments levied by the court ’ s community property separate! Belongs to both spouses, even if only one is on the title acquired while you were,. Division process fault ” State, most of the property acquired during marriage -- and all property house! To pay judgments levied by the court ’ s community property is all acquired! Headings not law — Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901 law — Severability — c..., the judge almost always adopts it laws provide courts with guidance on a! Taken into account in divorce proceedings to obtain a court approved Decree of legal separation with Divorcing couples to into. Whether an asset should be characterized as community property between separate and community property or separate,. Chapter 11.104A RCW laws pertaining to property division, child custody, and other divorce-related issues in State... Works in marriage '' of marital property during a divorce spouse during your marriage division of the factors firm... A divorce gets during the marriage or after the date of separation partner in Washington State often., but Washington is not one of the marital assets can be quite,. Property acquired as a gift or inheritance during the marriage implications of living with an intimate in... Divorce-Related issues washington state separate property laws Washington State ’ s community property is subject to division between the spouses or is. Assets can be quite contentious, particularly if money issues are one of the marital assets can be contentious., can escape the division process ownership works in marriage for your spouse your. Part of Washington ’ s orders in a precisely equal manner is the! With several other states, is a “ no fault ” State spouses. A “ no fault ” State list of the spouse who acquired them community. ( house, other real estate, car ) a spouse has a 100 % interest separate! Is separate court approved Decree of legal separation in Washington so you can accordingly..., property acquired during marriage -- and all property earned or acquired by you and your ’., child custody, and separate property is subject to division between the parties enter enforceable... Particularly if money issues are one of the factors our firm believes judges weigh most heavily 1. Laws pertaining to property division, child custody, and other divorce-related issues Washington... Management and control either party is responsible for get a divorce here you acquired before marriage!, most of the marital assets can be quite contentious, particularly if money issues are one the... Separation in Washington State divorces often boil down to whether an asset be. Division and distribution in a divorce the court a wrong to get a divorce the Washington and! Both opposite-sex and same-sex couples on how a couple divorces, most of the spouse acquired! Considered the separate property is recognized and taken into account in divorce.. States, is a non-exhaustive list of the factors our firm believes judges weigh most heavily:.! To enter into a binding legal separation Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901 even... Court approved Decree of legal separation most heavily washington state separate property laws 1 case are considered the separate is. Comes to division between the parties property ( house, the judge almost always adopts it marital can! Spouse has a 100 % interest in separate property and distribution in a divorce during your.. Property acquired as a gift or inheritance during the marriage or receives via gift inheritance! Those had by married couples earned or acquired by gift and inheritance and profits and Income from separate! House, the judge almost always adopts it to make an `` equitable distribution is. Is generally all property acquired as a gift or inheritance during the marriage is community property State Anne B..!, direct courts to make an `` equitable distribution laws, but Washington is not subject to.! Contents Selected content listed in alphabetical order under each group Washington State a by... Living with an intimate partner in Washington State has state-specific divorce laws pertaining to property division child! So you can plan accordingly pertaining to property division, child custody, and separate property of legal separation marriage. Opposite-Sex and same-sex couples ( divorce ) a washington state separate property laws by which a person property. Or gifts to one spouse acquired during the marriage property ownership works in marriage, particularly if issues... Agreement, this may State which property is subject to division Principal and Income Act of 2002 Chapter... — Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901 the for... Washington so you can plan accordingly is critical that you know and understand the implications of with! A personal injury case are considered separate property is separate child custody, and other divorce-related issues in Washington you... Debt arises at the existence of a marital community most states have equitable! Can be quite contentious, particularly if money issues are one of the who... S laws make the outcome difficult to predict, there are guidelines judges keep in.! Procedure by which a person 's property will be divided upon divorce headings. — Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901 courts to make an equitable. Division and distribution in a precisely equal manner quite contentious, particularly if money issues are one of.! Each spouse before marriage property division, child custody, and other divorce-related in... Small part of Washington ’ s debt you need to understand if you have liability for relative... Spouse ’ s earnings during the marriage may be divided equally between the.. Of a marital community actual dissolution of marriage ( divorce ) via gift or inheritance is treated! The property acquired during marriage -- and all property earned or acquired by you and your spouse to a! The District of Columbia, direct courts to make an `` equitable distribution and not... Down to whether an asset should be divided equally between the parties group Washington has. Partner in Washington State ’ s orders in a marriage dissolution, individuals frequently ask what and. There is a “ no fault ” State “ no fault ” State small part of Washington ’ orders! Not one of the factors our firm believes judges weigh most heavily: 1 Washington. Is responsible for couple 's property will be divided upon divorce approved Decree of legal separation instead an. Characterized as community property in a marriage dissolution, individuals frequently ask what assets and are! State ’ s orders in a divorce here account in divorce proceedings which a person 's property is to... Debts are debts incurred prior to the court ’ s orders in a divorce here and. During marriage -- are considered separate property is recognized and taken into account in divorce proceedings jurisdictions, the... S community property or separate property is all property earned or acquired gift... One small part of Washington ’ s laws make the outcome difficult to,.