Property and Debt Division
Property and Debt Lawyers
Washington is a community property state, per RCW 26.16. This essentially means that any property acquired during the course of the marriage is presumed to be community property and subject to division. Property may include: income, real estate, vehicles, retirement, clothing and jewelry, etc. Likewise, all debts accumulated during the course of the marriage are also presumed to be community and subject to division. However, there are exceptions to the presumptions, and this is amongst the ways presumptions can be rebutted.
Parties are free to divide their property and debts any way they see fit. However, if an agreement cannot be reached, then the court will make the determination. To make this determination, the court will generally rely upon the parties to produce evidence showing the characterization of the property (community or separate) and the value in order to assist the court in making its decision.
It is important to know your rights prior to entering into any agreement. Please contact us at (206) 623-5133 to set up a free 30 minute consultation to review your case.