“But It’s in My Name”

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 matter.

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.

How to Divorce Peacefully

Divorce can be a low-conflict process, especially if people keep a few things in mind.  (1) The judges are to make parenting plans in the best interests of the children, and if parents also take this viewpoint, then their views can converge on the needs of the children.  Their divergent views of each other can be set aside, and need not ever be resolved, for the marriage to be dissolved.  Everyone can move on.  (2) The judges are to make a just and equitable division of all assets and liabilities, whether the judge ultimately finds the property or debts to be community or separate property.  Parties can step back, and ask themselves:  “What would look fair to a detached stranger?”  While “wants” diverge, what truly is “just and equitable” is likely to converge.

Craig Mason is one of those attorneys in the State of Washington who can guide you realistically to resolution.  While Mr. Mason has intensely litigated cases when his client is under attack.  Mr. Mason will not be the one inciting the conflict.  He will be counseling you in your best long-run interests. If you want to avoid courtroom contentiousness, if possible to do so, call Mason Law located in Spokane at West 1707 Broadway.  What you are going through is tough enough, maybe there is a quieter, gentler solution.  Call the team at Mason Law at (509) 443-3681.