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.
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