One of the main issues in a divorce is often the division of property between the spouses. At the Dickson Frohlich Phillips Burgess, we understand how much you value the assets that you worked so hard to obtain during a marriage, and we work to ensure you receive a fair distribution of those assets.

Asset division in a community property state

When it comes to property division in a divorce, Washington is a “community property state.” This means that the court presumes that all property acquired by married couples or domestic partners during the duration of the marriage or partnership is jointly owned, or owned by the family “community.” This may include liquid assets, real estate, business interests, retirement accounts, and more. Community property will be divided between divorcing spouses, although some separate property may be subject to division in certain cases, as well.

Washington statute RCW 26.09.080 requires courts to divide assets in a manner that is “just and equitable.” Sometimes this means property is divided 50-50, but not always. First, the court must identify what is separate and community property, and then the court will examine several factors to decide how to equitably divide the property. Such factors include the following:

• The amount and type of all community property;
• The amount and type of all separate property;
• The length of the marriage;
• The economic situation of each spouse;
• Whether it is preferable to award the family home to one spouse based on child custody;
• Any other factor the court deems relevant in a particular case.

As you can see, there is no one formula for the division of assets from a marriage, as the factors will vary in each case. An attorney can make arguments based on your individual situation to ensure that the asset division is just and equitable in your divorce.

Contact an experienced property division attorney for a consultation

Property division determinations can be complex depending on the nature and extent of the community and separate property in your marriage. The committed attorneys and legal assistants at the Dickson Frohlich Phillips Burgess have over 100 combined years of experience in legal matters and know how the property division process works in Washington State.