What are community property laws? There you will find numerous free articles and videos on topics this article only briefly touches upon. On Day One as you approach divorce, you may be thinking, “My house is one of my biggest assets.” or “Maybe I want to keep it.” “What you really need to understand is that there’s a lot of due diligence to be done before mak ing a decision on what to do with the house,” says Marilee Wolf, realtor at BHHS Fox & Roach and Real Estate Collaboration Specialist for Divorce. However, it is the next set of questions that complicate the issue. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Below are answers to some of the most frequently asked questions about property division after a divorce. Divorce proceedings will not begin until at least 90 days have elapsed since the petition was filed and the respondent has been properly served. It's also easier to get used to an empty home before the holidays. Washington State is a no-fault state. Some want to know if they are entitled to support payments from their spouse. Don't take our word for it, read testimonials from our past clients to get an idea of how we can help your family get through this difficult time. If you wait (and fight) through the season, you may destroy any chances for an amicable split and wind up hashing out your differences in court. In Washington State, all property acquired during the marriage is generally deemed community property and must be divided equally at divorce. Stating the marriage is “irretrievably broken” as the reason is enough. If you owned a house before marriage and you expect a divorce, you will ask this question. How do I file for a divorce in Washington State? That means a spouse does not have to prove the other spouse did anything wrong to get a divorce. Washington recognizes domestic partnerships, and the following information applies to both dissolution of marriage (divorce) and dissolution of domestic partnership situations. These laws tend to vary a great deal among community property states. Our family law attorneys have helped hundreds of families get through difficult times. It's important to figure out whether your state is a at-fault or no-fault divorce state. Criminal Abandonment . As with divorce, the distribution of assets following the death of one of the spouses in a community property state depends to some extent on the state. The typical way to transfer house ownership after a divorce is with a quitclaim deed. Updated March 18, 2018 If you're going through the divorce process, a lot is running through your mind. During a stay-at-home order, many divorce hearings will be rescheduled for a future date. Washington State has state-specific divorce laws pertaining to property division, child custody, and other divorce-related issues in Washington State. Each state, however, has developed its own specific rules regarding property division at the time of divorce. Just because your name is on the account, or the deed to the house, doesn't mean it's yours alone. Don't Sweat the Small Stuff Your state's property ownership system will take precedence over any drama you bring into the courtroom, so in the interest of self-preservation, it's best to check your emotions at the door. This includes real estate, spouse’s earnings, pension benefits and 401(k) contributions. If your case is straightforward and you and your spouse both agree to the material terms of the divorce, the state where you actually file for divorce may not matter. What Happens If We Move from a Community Property State to a Non-Community Property State? My husband has 30 years ($350,000.00) in his retirement pension fund. By law, in Washington state, must you divide retirement funds & 401K in divorce settlements? In order to file for divorce in Washington, one of the parties must be either: a) a resident of this state; or b) is a member of the armed forces and is stationed in this state… It must be divided up according to state law. If one of the parties purchased the property before the marriage, it might be considered a pre-marital asset that belongs exclusively to that spouse. You can also take marital property, as long as you're honest about it during the divorce. The answer is both simple and complex. We were married 14 years (1994-2006). Washington is one of only nine states that uses community property laws for marriage. The biggest part of the analysis for what happens to real estate after a divorce is when the property was purchased. Washington is a no-fault divorce state, which means neither you nor your spouse need to have grounds for a divorce beyond irreconcilable differences. Divorce; Advice; By law, in Washington state, must you divide re... Q&A. Who gets the dog? Home; About Us. You can take any separate property you want even before the divorce is finalized. Nine states (and Puerto Rico) have community property laws that determine how debt and property are divided in a divorce. Understanding the Legal Implications of Marriage and Divorce in Washington State JULY 2019 Family Law Handbook Some states allow people to "appear" in court by telephone. The answer depends on a number of factors, including the laws of the state in which the divorce is filed. What happens to our property and debt if we get divorced? How to Transfer House Ownership After a Divorce. If the couple didn't make an estate plan, the intestacy laws of the state where they lived would govern who gets what. A divorce based on abandonment cannot be filed immediately following the act of desertion. So, how is it determined who gets what? 1. An analysis listed Washington State as the eight most expensive place in the U.S. [...] Testimonials. Lauren Thomann is a freelance writer and business owner who covers DIY projects and home renovation on The Spruce. If only your name is on the deed, registration document, or other title paper, it's yours. 8. Our family law attorneys have helped hundreds of families get through difficult times. Don't Forget About Taxes Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. In these states, it's usually easy to tell which spouse owns what. This article explains the basics of how Washington courts typically divide property (assets) and liabilities (debts) in a divorce. Even so, with more than 61 million married couples living in the U.S., combined with a divorce ocurring every 13 seconds, it's helpful to understand what happens to your mortgage in a divorce. 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