Tuesday, February 5, 2019

Property Division at Divorce

Community property division can be a very complicated matter.  When a marriage breaks up in the State of Washington it is imperative that you have representation when it comes to the matter of equitably splitting up property to be sure that you receive everything that is entitled to you. 

The marriage owns all labor of both spouses, and so all wealth accumulated by effort is community property.  If one spouse has separate property, from before the marriage or from an inheritance after the marriage, it will remain separate property unless it is hopelessly "commingled" (mixed up with) community property.  In Washington (as in about half of all community property states), all property, separate and community, is within the power of the court to distribute.  Just because your property is separate property, that does not mean it cannot be given to your spouse in a divorce.  The judge is to make a "just and equitable" distribution of the property once it has all the facts from trial.  Assuming the judge will give you back your separate property, you will need to be able to "trace" that property at trial.  This is a complex, but very important, process. Likewise, if the community invested in one spouse's separate property, then the community will be entitled to the value of that investment in the separate property.  Again, this is complex.

A qualified family lawyer in Washington State will be needed to sort it all out.  In Spokane that man is Craig Mason and his staff at Mason Law.  Why not sit down with a divorce attorney who has fought for the rights of his clients for decades, during this very stressful time?  Call the office of Mason Law today at (509) 443-3681.