Washington State Community Property Agreement Divorce

Community contract – You signed it during the marriage. It indicates what your community is and your separate property. You may have done this as part of an estate plan. This article explains the basics of how Washington courts typically divide property (assets) and liabilities (debts) during a divorce. For readers who want more detailed information, we recommend that you visit the “Resources” tab at the top right of each page of our website. There you will find many free articles and videos on topics that this article only briefly addresses. If you are not familiar with the rules of property sharing, we recommend that you first read this article and the accompanying video. Then, if necessary, read our other articles and videos on other topics related to real estate. And if you`re bored reading these laws, watch our videos! Married couples and couples in domestic partnerships may enter into a joint property agreement, under which all their property, separated and joint, becomes common property after the death of the first deceased spouse or partner1.

Such an agreement can also be used to immediately characterise all property currently held by the couple and all property acquired in the future as Community property. * If you lived together before your marriage, the property and income you had during this period could be community property. However, the distribution of ownership can be radically different from this norm. Washington`s divorce laws often give the judge a lot of leeway, and the division of property is no exception. All property and liabilities under individual and Community law shall be brought to justice for distribution to one of the parties. You can read the current language of the respective statutes at RCW 26.09.080, but it is not necessary. Simply put, a court can provide one of the spouses with property separate from the other and provide more than half of the community`s property to one of the spouses. This may be one of the reasons why the parties notoriously engage in “character murder” during divorce proceedings. One party could get more ownership by making the other side sneaky.

There is no formula for how a court weighs all these factors. Each divorce judge will endeavor to consider all the circumstances when determining a fair distribution of assets. Since this is necessarily a subjective exercise, it can be difficult to predict exactly what a court will do. In particular, judges generally observe at least four rules when deciding on the distribution of a 50/50 distribution of Community assets and Community debt: seventh, by handing over the entire property directly to the surviving spouse, the conjugal couple may lose the possibility of carrying out estate planning in order to use the unitary inheritance tax credit abolished by the execution of the joint ownership contract n. Do not try to create a situation where the title is in one name, the fault in another. Example: divorce gives you the title of house. No one is doing anything to make it official. Your spouse`s name remains on the mortgage. Your spouse is in arrears with payments. It will be very difficult at this stage to get a mortgage change with your spouse`s name. Avoid problems. Refinance property on behalf of a spouse at or near the time of divorce.

Yes, courts sometimes divide community property in a way other than 50/50. And as mentioned above, a court can also assign separate assets from one party to another. When this happens, it is called a “disproportionate sentence.” Disproportionate rewards are rare, especially when it comes to short-term marriages. They are slightly more common in long marriages, but remain an exception. If the personal representative follows the right steps in an estate proceeding in Washington, there is a strict requirement that creditors must file claims against the estate within 4 months, otherwise they will lose their claims forever. This advantage is lost if an estate does not go through succession, so that if a couple has established a co-ownership contract instead of executing wills, creditors may have much more time to assert their rights against the couple`s property. . . .