Community Property In Washington State

Key Takeaways:

• Washington follows community property statutes.
• The courts view all property and assets acquired during a marriage as belonging equally to both spouses.
• Anything acquired during the marriage is part of the marital “community”, but this doesn’t mean you split everything 50/50 in a divorce.

Over the course of a marriage, you acquire things as a couple. If you divorce, a key part of this process is splitting up all of the things you acquired. When it comes to the division of property in Washington, the state follows certain guidelines.

How Does Washington State Divide Property and Assets?

Washington follows community property statutes. Washington is one of 9 states that still recognize community property. The rest abide by equitable distribution.

Community Property

So, Washington is a community property state. What does that mean in a practical sense for you and your divorce?

The courts view all property, assets, and debts acquired during a marriage as belonging equally to both spouses.

In short, if you acquire or earn something during a marriage, that generally constitutes marital property. Despite a name on a title, Washington presumes both spouses contributed to any assets acquired during the marriage, whether that is true or not.

This doesn’t mean you split everything 50/50.

In most cases, the court aims for both parties to emerge from divorce on relatively even footing and maintain a lifestyle similar to what they had during the marriage.

Related Reading: Does Washington Have No-Fault Divorce?

What Qualifies As Separate Property?

As the name implies, separate property belongs to one spouse or the other. This usually takes the form of something owned before marriage, gifts or inheritances received during the marriage. If you wind up with an inheritance, that stays with you. The same goes for gifts, unless they were given to both of you.

During the divison of property, the court can include separate property if fairness dictates. In general, however, it remains with the owner.

In longer marriages, things become much more intertwined, and the line between separate and marital property tends to blur.

For example, if your spouse owned a home before you married, but you contribute to the upkeep and repairs, and help maintain or increase the value. Or if you use shared funds for this purpose. That often entitles you to a portion of that asset in a divorce.

Related Reading: The Importance Of Jurisdiction In Divorce

Does Washington Have Equitable Distribution?

The short answer to this question is: no.

Our neighbor to the south, Oregon, along with most other states, uses equitable distribution. Essentially, no set rules for the division of property exist, but the court divides the assets between both parties in a fair and equitable manner.

The general idea behind both approaches is similar: each aims to position both parties as well as possible going forward.

Related Reading: How Is Debt Divided in Washington State?