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Tag Archives: community property

Keeping Personal and Business Assets Separate Can Help Prevent a Messy Divorce

One of the most contentious issues in divorce is the division of marital assets. This can become even more complicated if one or both of the spouses has an ownership stake in a business. While several factors can affect whether a spouse is entitled to receive assets from a business owned by the other, there […]

Your Remedies if You Suspect Your Spouse is Hiding Assets During Divorce

Washington is a community property state, which means that marital property is generally split 50/50 during a divorce. An important part of this equal division is gaining a complete financial picture of the assets and debts of both spouses. Failing to fully and honestly disclose finances during divorce proceedings is illegal but more common than […]

How Domestic Violence May Affect Property Distribution During a Divorce

Washington is one of nine community property states in the U.S. This means that in a divorce, marital assets and debts are generally divided 50/50 between the spouses. In special circumstances, however, courts have the discretion to depart from equal division. One noteworthy basis for making an exception is the existence of spousal abuse and […]

Using Community Property Agreements to Avoid Probate

Probate is a court-supervised legal process intended to ensure that a decedent’s estate is protected and distributed to the lawful creditors and beneficiaries. However, many individuals seek to avoid probate, wishing to spare their survivors the expense and delay often associated with the process. One effective strategy to avoid probate in Washington is signing a […]

What Are State-Registered Domestic Partnerships in Washington?

Registering as domestic partners in Washington allows qualifying unmarried couples to hold the legal rights that married couples enjoy under state (but not federal) law. Originally created for same-sex couples, who could not legally marry in Washington before 2012, this legal status is now used exclusively by older people who wish to avoid certain legal […]

How Does Washington’s Community Property Law Apply to Pension Benefits?

Divorce often involves the distribution of assets to each spouse. While some states divide assets fairly (equitable distribution states), a few are community property states, such as Washington, where all marital property is divided 50/50. One of the biggest personal assets you own may be your pension. Is your spouse entitled to a share of […]

How a “Committed Intimate Relationship” Can Affect Property Rights Under Washington Law

In community property states such as Washington, marital assets are divided 50/50 when a marriage ends (barring clauses in any existing prenuptial agreement). But what happens in a situation where a couple is not married but has had a long history of living together? While Washington does not recognize common law marriage, couples may be […]

Does Marital Fault Affect Property Division or Child Custody?

Washington is a no-fault state, where the only ground for divorce is the irretrievable breakdown of a marriage. Traditional grounds like adultery, cruelty and desertion have been abolished. Yet the bad behavior of one or both of the spouses can affect a divorce in other ways — namely, regarding property division and parenting rights. Property […]

What Are the Drawbacks to a Do-It-Yourself Divorce in Washington?

Divorce is potentially one of the biggest life decisions you’ll make, and it is vital that your interests and those of your children will be protected after your marriage ends. While there are online resources that appear to offer a convenient, low-cost method of marriage dissolution without an attorney — particularly when there is general […]

How Does Community Property Division Work in Washington?

Under Washington law, debts or assets acquired during the course of a marriage are generally deemed community property that is subject to equal division upon divorce. Property acquired prior to marriage is usually exempt from that division. However, Washington differs from other community property states in that it allows a divorce court to look at […]