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Tacoma Separate Property Lawyers
Washington State's "Separate Property" laws are complicated and can be confusing.
Our Tacoma divorce lawyers are here to help.
Our Tacoma divorce attorneys and "Separate Property" lawyers are skilled and knowledgeable when it comes to Washington State's property division laws. We understand what this issue means to you on a personal level, and we will fight to protect you and your children when it comes to division of your household's assets.
If you have questions about whether or not the issue of separate property will come into play in your Tacoma divorce, we invite you to call our office for a free initial consultation. One of our Pierce County family law lawyers will be happy to discuss the specific facts of your case while explaining your legal rights and options.
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The issue of property division is often a contentious one in our Washington divorce cases. As parties initiate the divorce process, they often become increasingly focused on who is going to get what property, get what bank accounts and retirement funds, and pay what debts. Often, this leads to an emotionally charged situation. And, the issue of separate property versus community property can be a very complex one depending on a number of variables.
It's also critical to keep in mind that ALL property, both that properly categorized as separate or as community, is before the judge in a divorce trial, and the judge has wide discretion to divide it as she sees fit and equitable. Thus, even if a certain piece of property is clearly and properly categorized as your separate property, it can still be awarded to your spouse at trial.
Our Washington divorce attorneys are very familiar with our state's laws regarding the designation of separate property. If you have questions about whether or not this issue will be important in your Washington State divorce, we encourage you to call our offices for a free initial consultation. One of our Washington divorce lawyers will be happy to discuss your case in more detail and then help you to understand your legal rights and options.
Washington State's divorce laws on Separate Property.
As you can tell from the discussion below, the court is required by statute to look for certain characteristics in the designation of property under Washington law. Here are some of the most critical principles.
RCW 36.16.01 defines separate property. Separate property consists of:
1. All of the assets a spouse owned before marriage.
2. The assets received by a spouse after marriage by gift or inheritance.
3. Damages for personal injuries suffered by a spouse.
4. An asset which the spouses agree to be separate property.
5. The earnings and accumulations of a spouse when living separate and apart.
6. The proceeds from one of the above, which is often referred to as the “rents, issues, and proceeds of separate property.” This includes natural enhancement (such as from inflation).
As noted above, it's important to remember that separate property is before the court at the time of dissolution, and the court has broad powers to distribute separate property, along with community property to either spouse. One whould be careful to keep records of community property and prevent ‘commingling’ or mixing of separate property with community property. Record-keeping can be very important in establishing the character of the property as separate if a challenge arises.
Let's take a common example that comes up often in our Washington divorce cases. It has to do with the party's residence. Jimmy bought a house in 2000 in Tacoma with his separate funds. He paid $125,000. Jimmy met Jackie in 2004 and the parties were married in 2006. For the next four years, they lived in the house together and community funds paid the mortgage.
They filed for divorce in 2010. The house is now worth $200,000 and has a current mortgage of $100,000. The house was never refinanced and Jackie was never on title to the house or on the mortgage. In this instance, the increase in the value of the property would clearly be Jimmy's separate property.
If, however, Jimmy and Jackie refinanced the house and Jackie was added to the title and the mortgage, then there would a presumption of a gift to the community by Jackie because of the commingling of the asset. In this case, the court would then be looking to principles detailed above for further guidance.
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Questions about Washington State's separate property laws?
Talk to a Tacoma divorce attorney today!