Common Concerns Regarding Washington State Community Property Laws

Do you know the difference between separate property and community property under Washington State divorce law? More importantly, do you know which kinds of property that you have in your own marriage? Below, we've answered some common questions about community property.

What is the difference between community property and separate property?

At its most basic, community property is any earnings that are made after a couple marries, any gifts given to the couple, any earnings added to a joint account, and anything purchased by the couple with joint earnings. Separate property is any funds or property that was acquired before the marriage, as well as any gifts or inheritance given to one individual after the marriage and kept in a separate account.

What happens to community property during a Washington divorce?

There are a number of factors that are considered when the court divides community property in the event of a divorce. A judge will consider how long the couple has been married, how much property the couple has, whether the couple has children, and any other unique factors. However, the court always attempts to divide property as fairly and equally as possible.

What is a community property agreement?

A community property agreement (CPA) is a legally binding document that makes all of the property between two spouses community property and states that all future property acquired by either spouse is community property. It also ensures that a spouse will get all property in the event of the other spouse's death. Drawing up a CPA may be a good choice for some couples but not for others.

It can be difficult to understand how your property will be divided during a divorce, especially if you or your spouse have lived outside of Washington State and acquired property there. If you have questions about community property or separate property in your divorce, it is vital that you speak to a Seattle divorce attorney about your case. Make an appointment with Molly Kenny today.