Agreement Division Property With Land In Washington
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FAQ
Courts usually award each spouse his or her separate property and divide community property 50/50. Consequently, if the house is entirely one spouses' separate property, he or she almost always receives it unless the parties agree otherwise.
Generally, 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. Both spouses' earnings during the marriage are community property.
In a divorce, the court normally divides community property and awards each party their separate property. Separate property is defined as property that has been given to one spouse as a gift, inheritance, devise, bequest or descent.
For long-term marriages (over 25 years), the court will usually try to put both parties in an equal financial position for either the remainder of their lives or until both parties retire. The idea is that after 25 years, the parties should be recognized as financially equal partners.
In Washington, real property conveyed to a married person or a person in a registered domestic partnership is legally presumed to be community property. Exceptions to the rule include properties acquired as separate property by gift, bequest or by agreement (see Sole Ownership example 2 above).
A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally.