Washington is one of only nine states that follow community property laws.  Whether you are going through a divorce or simply want to better understand the character of your assets, it is vital that you consult with an experienced Seattle divorce attorney because community property is a very complex issue.  Our skilled team of Seattle divorce attorneys have years of experience in resolving community property issues that arise when couples are entering into or separating from a marriage or domestic partnership.

How Community Property is Defined

In Washington, property that is earned during a marriage is owned equally by the community (i.e. the married couple), regardless of whom originally earned the property or how much each party earned.  In the case of domestic partners, property only becomes community property after the domestic partnership is registered.   According to our Seattle divorce lawyers, this property includes:

·         All property earned by the wife or domestic partner during the marriage

·         All property earned by the husband or domestic partner during the marriage

·         All property acquired with earnings during the marriage or domestic partnership

·         All property acquired using community funds during the marriage or domestic partnership

As any of our experienced Seattle divorce attorneys will advise you, this means that community property is significantly different from separate property, where any property earned by a husband, wife or domestic partner remains their individual property, even after it is brought into a marriage or domestic partnership.  And determining the origin and status of that property is a complicated process, best left to only the most experienced Seattle divorce lawyers.

How Separate Property Becomes Community Property

Defining whether property belongs to the individual or the community is such a complex issue because the status of that property can change, which is why it is always best to consult with an experienced Seattle divorce attorney if you need advice on the status of any property.  Though there are many nuances to consider, Seattle divorce lawyers will advise you that separate property typically becomes community property in one of two ways:

1)      When spouses or domestic partners mix their separate property and funds so completely that it is impossible to separate them, then the property can lose its “separate” status and become community property.

2)      Spouses and domestic partners can express a desire to redefine all of their separate property as community property, and this is typically accomplished by having a Seattle divorce lawyer draw up a Community Property Agreement.

Keep in mind, however, that if you want to keep any property separate and prevent it from becoming community property, it is vital to keep said property as separate as possible.  For example, any separate funds that are deposited into a community bank account would become community property, because those funds have now become untraceable and “commingled.”  In order to prevent this and preserve the separate property status of the funds, Seattle divorce lawyers recommend that spouses and domestic partners keep funds in a separate and unshared bank account.

Why You Need to Consult with Experienced Seattle Divorce Attorneys

Community property issues are very complicated because the lines between separate and community property become blurred the longer the marriage or domestic partnership lasts, which is why it is so vital that you seek out the expertise of only the most skilled Seattle divorce attorneys.  Our highly trained teams of Seattle divorce attorneys are experts when it comes to acquiring the documentation and records necessary to trace the origins of assets, even in extremely complex cases that involve privately owned businesses and other property.

We care about our clients and results that we achieve for them.  We know that you are more than just another client to our Seattle divorce attorneys.  Our skilled team of Seattle divorce lawyers will treat you with the respect and dignity you deserve, every step of the way.  When you hire a Seattle divorce attorney at our firm, they will work tirelessly on your behalf to ensure that your community property issues are resolved as quickly and professionally as possible.

Our experienced team of Seattle divorce lawyers proudly serve all of King County.

To speak with one of our Seattle divorce lawyers today, please give us a call.