In community property states, of which Washington is one,
the marriage owns all the labor of both persons during the life of the
marriage, and everything purchased by the proceeds of this labor belongs to the
marriage, unless otherwise gifted or contracted away.
And when the court turns to “characterizing” property as
separate or community property, the court looks to the “source of funds” with
which the property was purchased.In
short, if you cannot “trace” a separate property source for the purchase, then
the purchase is presumed to be made with community funds, and the asset is
presumed to be community property. “Title” (whose name it is in) does not
Of course, there are exceptions and complexities, for
example, if you can claim that when something was titled in your name it was
meant to be separate property as a gift, or part of an enforceable property
agreement between you and your spouse, then title is evidence of that
agreement.Or if an inherited house,
that would normally be separate property, is titled in both spouses’ names,
that can be evidence that the intention was to gift the property to the
community, by the deceased or by the inheriting spouse.
This little sample is not legal advice.It is simply a reminder to seek legal counsel
in the face of very complex legal rules.For help understanding these complexities in the laws of Washington
State, call Mason Law in Spokane at (509) 443-3681.
Domestic Violence Protection (DVP) orders under RCW 26.50
serve an important part in protecting a spouse, or even a former romantic
partner from misbehavior of the other party, from violence and threats of
violence. Beware because they are also misused for the purpose of gaining a
strategic advantage in a divorce, especially in regards to children.This is unfortunate, because then genuine
threats can be dismissed as merely litigation strategy.There are “false negatives” and “false
positives” all too often when our over-burdened courts make the wrong call.
These DVP orders usually are first issued “ex parte.”That means without notice to the other person
until he or she is served with the proper papers.Normally a hearing will be set within 14 days
from the ex parte order being granted by the court, so that the restrained
person has an opportunity to present his or her side of the story.
If these orders are violated, the penalties are severe.They range from a gross misdemeanor to a
class C felony. Even if you are
completely innocent of the alleged domestic violence, you must obey the order
unless it is changed in the full hearing.To prepare for that hearing, as the person bringing the petition, or as
the person defending against a petition, you need strong legal representation
to prepare your facts for the court.
Craig Mason and his team at Mason Law in Spokane,
Washington, will be able to help you fully prepare for court, so that your
story is heard. Call Mason Law for a consultation at (509) 443-3681 today.
If your family has been disrupted by divorce, or a break-up
between any pair of parents, in 2019, the underage children get caught in the
middle. Washington State courts will probably give you substantial time with
your children if you do not have behavioral, criminal, or drug problems.So, hire a capable family attorney if your
former significant other says: “I will take the kids from you.”
Legally speaking, it is in the best interests of the kids to
be raised by both parents on terms that most match what went on before the
break up, and that is what the court is required, by statute, to arrange.Some attorneys will promise your angry
ex-spouse that they can get "sole custody," and keep you from your
children.They may even try to convince
the court that your presence is harmful to the children!
If your break-up or divorce takes this unfortunate turn,
Spokane family lawyer, Craig Mason, routinely fights back against such
outlandish, and damaging, attempts to keep you from your children.He has years of experience in helping people
just like you prepare and present the real facts, and in developing the
relevant witness statements, to defeat such attempts to deprive you of
participating in the lives of your children.Call Spokane Family lawyer Craig Mason at (509) 443-3681.
The Christmas season offers plenty of opportunities to spend
quality time with friends and family, and in Spokane, Washington, there are
many places to get you in the holiday spirit. From special holiday displays and
light shows to festive plays, performances, and gift bazaars, Spokane is a
wonderful place to celebrate the season.
Here at Mason Law we hope that those of you in Eastern
Washington and throughout our area have a wonderful, safe, and healthy holiday
season.We have been here helping
Washingtonians for with legal issues of all types for decades ranging from
civil litigation, to personal injury, to family matters.
While we trust you will not need us in 2020, rest assured
that our family will be here to serve yours in the year to come.When you get a minute, visit our website at
best to you and yours from all of us here in Spokane at Mason Law.