Gig Harbor Divorce & Family Law Attorney

There are four important steps to the process of dividing property between divorcing spouses.

1. DEFINING PROPERTY: A preliminary issue in some cases is whether a particular
asset falls within the definition of the term "property". Defining property for a majority of items is
simple and straightforward because they are tangible (i.e. house, car, jewelry, furniture). Other
property interests are intangible and complicated to define. For example, some people might not
know that they have a future interest in their spouses pension plan or professional degrees. An
attorney can add value to this stage of the dissolution process because they can help you identify
and protect what property interests exist for you.

2. CLASSIFICATION: Property must be classified as separate or community property.
Determining the timing of an acquisition and the source of the funds is very important to the
classification of property as separate or community. Additionally, how you obtained the property
(i.e. as a gift or inheritance) and whether the assets are traceable as separate property or were
co-mingled with community property are all issues that must be classified. You need to have a
keen sense of property law so that you do not mis-characterize property as either community or
separate.

3. VALUATION: In order to distribute assets in a "just and equitable" manner the value of
assets must be determined. Some couples choose to divide up the property by agreement without
having their assets valued because valuation can be both expensive and time consuming. The
potential drawback to this approach can be that there is no real way of knowing whether the
settlement was fair.

4. DISTRIBUTION: The assets must be allocated in a "just and equitable" settlement. If a
husband and wife are able to negotiate a property settlement, the court will generally approve it. If
no settlement can be reached, then the court will decide how to divide up the estate. It is
important to note that Washington State is a no fault state so property division is generally made
without regard to marital misconduct. The court will consider these factors when disposing of the
property of the divorcing couple:

The nature and extent of the community property;
The nature and extent of the separate property;
The duration of the marriage; and,
The economic circumstances of each spouse at the time of 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 with whom the children reside
the majority of the time.

It is important to recognize that if you don't identify and allocate all community property interests
in your dissolution decree, then you will own that property together as tenants in common even
after the settlement is entered.