Community Property

This question turns on a few different variables. Washington is what’s called a “community property” state, which means that property acquired during the marriage is usually considered “community property,” and will be equitably split up by the Court. What counts as “equitable” depends on a lot of factors, including the length of the marriage, the contributions of the parties, and what their circumstances will be like after the divorce. Other factors, such as if one of the parties has wasted community property, are also considered.

Separate Property

Courts also determine what is considered “separate property,” which usually consists of things like gifts, inheritances, and property the parties had before they got married. While these things usually stay with their original owners, the Court still has the authority to divide them up or re-distribute them to get a fair result.

Predicting how a court is likely to divide up property in any given case is a very fact-driven inquiry, and it will usually require an analysis of your specific circumstances.