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Divorce is an emotional process by itself, but worrying about legal matters stemming from these proceedings can be even more psychologically exhausting. Property division is one of these matters. The Tacoma equitable division lawyers at Lutz & Associates, P.S., have been representing clients in property division cases since 1997. This experience allows us to provide you with quality, effective family law representation to get you the results you are seeking.
The legal presumption in Washington is that community property—the marital property belonging to both spouses—will be divided equitably and fairly. Divorcing spouses can reach their own agreement about how to divide property through negotiations or mediation, but if the plan does not allocate assets equitably, the spouses must explain why and confirm that they agree. A premarital or postnuptial agreement may also stipulate a division that deviates from the presumption of equitable property division. Property distribution encompasses several types of property, such as:
Our capable equitable division attorneys in Tacoma understand how to properly evaluate your assets for a fair settlement.
The first step in arriving at a plan for asset distribution is to distinguish separate property from community property, which an experienced Tacoma equitable division attorney can help you with. Separate property typically includes things owned by each spouse before the marriage, as well as gifts and inheritances. Community property generally includes everything else that either or both spouses have acquired during the marriage. When a family law judge sees a couple’s settlement agreement, they usually expect to see property division that takes into account factors such as the following:
Debts, as well as property, should be divided justly and equitably. The details will differ from one divorce to another, but generally, debts incurred by either spouse before the marriage will still pertain to that spouse afterward. Debts acquired during the marriage may be considered to be the responsibility of both. There may be exceptions when either spouse can prove that debts amounted to the wasting of community assets.
Property division and ensuring a fair split can be difficult. We can assess your case and determine the best course of action to gain a positive result. Let us help you retain the property you believe you are entitled to. To contact a Tacoma equitable division lawyer at Lutz & Associates, P.S., fill out our online contact form or call us at (253) 471-7774. We look forward to discussing your specific case and individual needs.