Property Agreements

Property agreements are commonly thought of as “pre-nuptial agreements” between people about to get married who want to protect separate property, or protect an inherited family home, from being later divided by the court as community property, if there should be a divorce.

However, property agreements can be made between spouses after marriage to clarify the status of property in the event of death of one or both spouses, as well as in case of divorce.

Also, these days, someone who has had a rough divorce will say, “I’m never getting married, so I won’t go through that again,” but then, after spending a decade with someone they did not marry, they learn that their “marriage-like” property can be divided just like community property.  Even the unmarried need property agreements.  Just refusing to get married does not prevent a subsequent battle over the distribution of property accumulated during a committed, intimate, relationship.

Most people should have a property agreement. One person who is adept at drafting a binding property agreement is Spokane family attorney Craig Mason.  Arrange an appointment at his office located at West 1707 Broadway in Spokane by calling (509) 443-3681.

Division of Property in Washington State.

In dividing property in Washington State, the court will “characterize” property as community property (acquired by the labor of the marriage partners, or by gift during the relationship) or as separate property (owned before marriage, such as a business, or received as gift to just one spouse even if during the marriage, such as an inheritance).

The court will make a “just an equitable distribution" of both kinds of property. Community property will certainly be divided.  As to separate property, the court may respect the “separate character” of something like a pre-existing business, and leave it with the person who owned that asset prior to marriage, or the court may give the separate property of one spouse to the other spouse at dissolution.  Many factors will be considered by the court, from length of marriage and earning power of each spouse, to who has the children, to something like an award of property instead of a spousal maintenance award.  (HINT:  This is also why a good pre-nuptial property agreement is wise.)

Craig Mason has been a Spokane area family lawyer for decades and will help “your side” sort it out.  Craig has long been a strong defender of his client’s rights in divorce disputes as a practitioner of family law from his office on 1707 W. Broadway in Spokane WA.  DO NOT go into a division of property dispute without representation.  Call attorney Craig Mason at (509) 443-3681.