Community Property

Washington State is a community property state, which means that most assets and debts acquired during a marriage are considered jointly owned by both spouses. This applies regardless of who earned the money or whose name is on the account or title.

When a couple divorces, community property is typically divided equitably, though not always equally. This includes income, real estate, retirement accounts, and debts accumulated during the marriage. However, separate property—such as assets owned before the marriage, inheritances, or gifts given specifically to one spouse—usually remains with that spouse, as long as it wasn’t mixed with community property. (For example, if an inheritance was used to buy a family home titled in both spouses’ names, it could be treated as community property.)

In some cases, couples can negotiate their own agreements rather than rely on a court’s decision. But, because property division can be complex, especially with shared businesses, investments, or high-value assets, working with an experienced family lawyer in Seattle can help ensure a fair outcome.