Summary of Division of Property in Washington

Washington is an ‘equitable distribution state’ which means both the property and debts are divided equitably (not necessarily not equally or 50/50) amongst the spouses.

There are two kinds of properties recognized under RCW, namely 'community property' and 'separate property'. Community property is the property acquired during marriage and the separate property is the property acquired by either of spouse by way of gift or inheritance before marriage. The court has the jurisdiction to distribute both the kinds of the properties.

There are four essential factors that the court will decide for determination of equitable distribution of properties. They are:

• • Nature and extent of community property
• • Nature and extent of separate property
• • Length of marriage or domestic partnership
• • Economic circumstances of each spouse or domestic partner at the time the division of property takes places, including the desirability to seek family home, or the right of each spouse to live in the family home for specific periods or the spouse with whom the child will be residing for maximum time.