Property Division Negotiation to Get a Fair Seattle Divorce Settlement

The divorce process is inherently complex, as you and your soon-to-be ex-spouse must move through a series of critical decisions and negotiations before you can walk away from the partnership for good. Even relatively brief marriages often require thoughtful (and sometimes tense) negotiations between the two parties to ensure that the divorce agreement is fair and equitable. Spouses who agree to separate on amicable terms can find themselves in the middle of heated or contentious disagreements at various points of the divorce process, and they may need to seek additional support to guide them through these tough conversations. One of the most time-consuming and potentially controversial aspects of the divorce process in Washington state is addressing the division of property between the parties. Those who have been married for several years (or even decades), as well as high-net-worth couples, may need extra support and counsel to ensure that property division negotiations move forward smoothly and productively. 

Ultimately, the goal of property division during the Washington divorce process is to ensure that both parties walk away from the marriage on relatively equal footing so they can continue to enjoy a similar standard of living that they had while married. As you begin to explore your options for obtaining a divorce or legal separation in the greater Seattle area, it’s highly recommended that you enlist the guidance of a highly qualified and compassionate divorce attorney who can help you articulate your goals and explore the various options available to you during this challenging time. With a dedicated legal advocate by your side, you can trust that your best interests will be safeguarded at every opportunity. Let’s take a look at how property division typically unfolds during the Washington divorce process and some negotiation strategies you and your attorney can use to ensure a fair and favorable outcome.

Property Division During Divorce in Washington State

When it comes to matters of property division during the divorce process, it’s important to recognize that Washington, like many other states, is what’s known as a “community property” state. Generally speaking, this means that any assets acquired over the course of the marriage is considered the property of both spouses, regardless of which spouse actually acquired the property. When the couple pursues a divorce, the marital property (also referred to as community property) must be distributed between the two parties in an equitable manner. For the most part, “all property (house, real estate, car) either spouse gets during the marriage is community property. It belongs to both spouses, even if only one is on the title.” For example, the income and earnings of both spouses during the marriage are considered community property. Even if one spouse opted to not work outside the home in order to raise children or participate in volunteer work during the marriage, this individual would still be entitled to the income of their spouse for the duration of their marriage. 

Understanding Separate Property in Washington State

Although most property is considered marital or community property, Washington also recognizes separate property when processing divorce filings. Separate property is defined as “property you got before your marriage, through inheritance or as a gift (either before or during the marriage), or after separation.” For instance, if you received an inheritance from a deceased relative before you met your spouse and married them, the court may view this asset as separate property (i.e., belonging only to you). However, if you and your spouse cohabitated together before entering into marriage, the court may consider any property acquired by either party during this time to also qualify as community property—even if you were not technically married yet. These determinations can be nuanced and complex, so it’s important to enlist the guidance and expertise of a knowledgeable and experienced Seattle divorce attorney for the most reliable and accurate answers to your questions.

Navigating the Division of Assets in Divorce

Understandably, the division of property is usually the most time-consuming aspect of the divorce process for most separating couples. If you and your spouse have spent several years together, you probably have acquired a considerable amount of assets over the course of your marriage. It will take some time to identify and account for every asset before you can begin to discuss how you plan to divide up these properties between the two of you. Below are some of the key steps you will need to complete as you prepare for property division negotiations during the upcoming divorce proceedings.

Itemize all Properties and Assets

First, you and your spouse will need to compile a list of every asset, from bank account balances to heirloom jewelry. This step can take a considerable amount of time, especially if your marriage involves complex assets (i.e., investment portfolios, business interests, etc.), so plan accordingly. As you put together this list, you will need to characterize each asset as either community property or separate property. You can enlist the guidance of your divorce attorney as questions arise.

Involve a Property Valuation Expert

Next, the property must be assessed to determine its approximate value. While some assets, like bank account balances, will be relatively straightforward to assess, other assets may benefit from a professional valuation by a third-party appraiser. For instance, you can have a jewelry appraiser determine the value of an heirloom watch or consult a real estate appraiser who can give you an estimate of your home’s current market value. As you arrive at the dollar value of each item, be sure to add this information to the list. 

Start Negotiating an Equitable Division of Property

Once you have a comprehensive list of all your assets and properties, it’s time to start negotiating a fair and equitable division of these valuables between you and your soon-to-be ex-spouse. Remember, the term “equitable” does not automatically mean an even fifty-fifty split of property down the middle. Rather, the assets need to be allocated to each spouse in a way that allows them to walk away from the marriage on relatively comparable terms. For example, you may decide to keep the car that is of higher value, while your spouse receives a piece of art that is both valuable and holds sentimental value for them. For the most part, separate property will simply be allocated to the spouse who entered the marriage with these assets. However, the court may look at the separate property as a factor when addressing the division and allocation of marital property to ensure an equitable distribution of property.

Divorce and Property Division Negotiation Strategies

As you prepare to engage in property division negotiations with your spouse, it’s important for you both to focus on your common goals before you dive into the minute details ahead of you. Ultimately, your shared goal is to divide the property in such a way that you both feel comfortable and financially stable moving forward into the next chapter of your newly independent lives. Even if you hope to avoid arguments and heated disagreements during these negotiations, give yourself the space you need to work through difficult conversations. Divorce is not an easy process—it’s perfectly natural to experience some amount of stress at some point. Your empathetic divorce lawyer will remain at your side to provide you with the trusted answers and guidance you need during these delicate negotiations. Together, you can consider implementing some of the following negotiation strategies to keep the discussions productive, respectful, and fruitful.

Remain Flexible and Open-Minded

One of the most effective ways to keep property division negotiations moving smoothly is for both parties to remain flexible and approach these discussions with open minds. When both parties agree to listen carefully to one another and compromise whenever possible, the outcome is usually beneficial for everyone. Your attorney will work with you to determine which items hold the most sentimental value (and which items you are more willing to use in a compromise) so that the divorce agreement aligns with your goals. 

Engage in Good-Faith Negotiations 

In some cases, one spouse will attempt to keep some assets hidden. Unfortunately, concealing assets is not only counterproductive to fair negotiations, but failing to disclose all assets is unlawful. Be sure that you and the other party are entering into the division of assets in divorce process in good faith to avoid legal headaches and other costly penalties along the way.

Consider Alternative Dispute Resolution Options

While some exceedingly contentious or complex divorces may require litigation, most divorces can be finalized through negotiation between the parties. Moreover, alternative dispute resolution (ADR) forums, including mediation, offer more structure to those who may need the support of a neutral third party or other professional along the way. Your knowledgeable and caring Seattle divorce lawyer can help you explore your options for achieving your divorce goals. 

Moving Forward Into a Brighter Future

If you are making the difficult decision to end your marriage in the greater Seattle area, you are not alone. Marriages end for many reasons, and some spouses simply drift apart over time. When you enlist the guidance and support of a highly qualified and empathetic Seattle divorce lawyer, you can rely on this dedicated professional to advocate for your best interests at every turn. Your attorney can help you identify effective strategies for developing a negotiation plan that takes into account the specific assets and debts involved, ensuring a fair outcome for both parties. Now’s the time to start laying the groundwork for the stable and bright future that awaits you.

The dedicated and compassionate legal team at the Hemmat Law Group believes in providing exceptional and personalized guidance and support to every client. We encourage you to contact our Seattle office today at (206) 682-5200 to learn more about y