Property division is often the most contentious part of a divorce because it forces couples to untangle a lifetime of shared financial and emotional history under potentially high-stress conditions. According to the Pew Research Center, four out of ten divorces occur within the first decade of marriage, making it easier to separate their lives. However, for many divorcing couples from longer marriages, this division of assets represents their primary source of future financial stability.
A Kent property division lawyer could help you distinguish between community property and separate property to determine what is subject to division. Since 1997, the family law attorneys at Lutz & Associates, P.S., have worked alongside accountants and professional appraisers to determine the fair market value of complex assets, such as real estate, investment accounts, and retirement funds. We intimately understand family law because family law is all we do.
What Are the Property Division Requirements in Divorce?
In Washington, property division in divorce is governed by community property rules, as outlined in the Revised Code of Washington § 26.16.030, meaning assets and debts from the marriage are presumed equally owned, but courts divide them using equitable distribution principles. This does not automatically guarantee a 50/50 split, but courts aim for a division that is fair based on each party’s unique circumstances.
The court typically follows a three-step process: characterizing all assets and debts as either community or separate, valuing them, and distributing them. These assets are assessed in three categories, including:
- Community property: Generally includes all income, assets, and debts acquired by either spouse during the marriage, such as wages, retirement contributions, and homes purchased while married (regardless of whose name is on the title)
- Separate property: Assets owned before the marriage, or acquired at any time through inheritance or individual gifts, are typically separate
- Commingling: Separate property that becomes community property if it is mixed with joint funds to the point it can no longer be traced back to its original separate source
Washington is a no-fault state, meaning marital misconduct (like an affair) generally cannot be considered when dividing property. Unlike some states, judges here have the legal authority to award one spouse’s separate property to the other if it is necessary to achieve a just and equitable outcome, though this is rare. Once the property division is finalized in a divorce decree, it is generally non-modifiable, unlike child support or alimony.
If you are facing divorce, our Kent property division attorneys can review the total marital estate with care and attention to detail to determine the best course of action for retaining the property you believe you are entitled to.
What Factors Impact Property Division?
Judges have broad discretion to decide what is fair when dividing property during divorce. By law, they must consider several factors, which can include:
- Nature and extent of property: Both the total amount of community assets and the amount of separate property each spouse already owns
- Duration of the marriage: Long-term marriages (typically 20+ years) are more likely to result in a 50/50 split to equalize the parties’ post-divorce standards of living; shorter marriages (under five years) often see courts returning both parties to their approximate pre-marital financial positions
- The family home: Courts often prioritize awarding the family home to the parent with primary custody of minor children
- Financial need: A judge may award a larger share of community property to a spouse who has a lower earning potential, significant health issues, or who has been out of the workforce for a long period
- Education and age: The court considers each spouse’s age, health, and education level to determine their ability to support themselves moving forward
While a court has the authority to divide all property, it typically awards each spouse their own separate property and focuses on dividing community property. If a spouse intentionally wasted marital assets—such as through gambling, addiction, or spending community funds on an affair—the court may compensate the other spouse with a larger share of the remaining assets.
Debts are divided based on who is best able to pay, with courts often assigning a specific debt (like a mortgage) to the spouse who receives the corresponding asset (the house) to ensure they can manage the obligation.
Our team of property division lawyers in Kent can act as keen negotiators on your behalf to reach a favorable out-of-court settlement to make this process easier on you. If a fair agreement cannot be reached, we are prepared to provide courtroom representation to secure your financial future.
Schedule Your Consultation with a Kent Property Division Attorney
A Kent property division lawyer from our firm can protect your financial interests during a divorce by ensuring assets and debts are distributed fairly according to state law. If your spouse attempts to conceal assets, we could ensure everything is fair and accounted for.
Our team knows how to handle tense negotiations to reach out-of-court settlements, draft and review legally sound agreements, and advocate for your goals in court if a fair agreement cannot be reached to achieve a just and equitable result. Please contact Lutz & Associates, P.S., today request your one-on-one case consultation so we can help you start to move forward.
