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​DIVORCE, CHILD CUSTODY, FAMILY LAW

S. Scott Burkhalter, Lawyer

DIVISION OF PROPERTY IN A DIVORCE IN WASHINGTON STATE


Comment:  Washington is a community property state.  However, when it comes to dividing property in a divorce proceeding, community property does not mean equal or a 50/50 division.  The standard is “fair and equitable” considering both separate and community property, duration of the marriage, and economic circumstances of the parties including where the children of the marriage will primarily reside.


Source:  RCW 26.09.080 (emphasis added by author)


Disposition of property and liabilities—Factors.


In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner or lacked jurisdiction to dispose of the property, the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:
(1) The nature and extent of the community property;
(2) The nature and extent of the separate property;
(3) The duration of the marriage or domestic partnership; and
(4) The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time.





















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