Community v. Separate Property in Tacoma and the Rest of Pierce County:
In Washington State, community property and separate property are two distinct categories of property that are treated differently in divorce proceedings. Here’s a breakdown of each:
Community Property:
- Community property includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or who earned the income. This typically includes income earned by either spouse, as well as property purchased or acquired during the marriage.
- Washington is a community property state, which means that community property is generally divided equally between the spouses in a divorce. Each spouse is entitled to an equal share of the community property, regardless of who acquired it or contributed to it during the marriage.
Separate Property:
- Separate property includes assets and debts that are considered separate from the marital estate and are ordinarily not subject to division in a divorce. This typically includes property owned by either spouse before the marriage, as well as gifts or inheritances received by one spouse during the marriage that were kept separate from the marital assets.
- Separate property may also include assets acquired by one spouse during the marriage through a gift or inheritance that was intended to remain separate, as well as certain personal injury awards or settlements received by one spouse.
- It’s important to note that separate property can become commingled with community property, making it more challenging to determine its status in a divorce. For example, if separate funds are deposited into a joint bank account or used to purchase a marital asset, they may lose their separate property character and become part of the marital estate.
In divorce proceedings in Washington State, the court will typically divide community property equally between the spouses (however there are exceptions especially if spousal maintenance is on the table), while separate property normally remains with the original owner. However, determining the character of property as community or separate can sometimes be complex, and it’s advisable to seek guidance from a family law attorney to ensure that your rights and interests are protected.
