Washington state recognizes two major types of property ownership in the context of marriage: separate property and community property. It's important to recognize the legal definitions of both property types, as well as the differences between the two.
Separate property refers to property that was individually
owned by one spouse individually before the marriage. Separate property may
also include property that was received as a gift or inheritance during the
marriage, and property that was acquired after the spouses separated. RCW
26.16.010. Sometimes if separate property is mixed with community property the lines can be blurred.
Examples of Separate property:
- Gifts and/or Inheritances
- Assets and/or debts acquired prior to the marriage
- Property listed in a prenuptial or postnuptial agreement
Examples of Community property:
- Real Property (land and buildings)
- Income
- Vehicles, Furniture, and other moveable assets
- Joint bank accounts
- Debts or assets acquired during the marriage
- Stocks, 401k accounts, royalties
Washington state is a community property state, which means
that absent a prenuptial or postnuptial agreement, all property acquired during
the marriage is generally considered to be community property. In the event of
a divorce or legal separation in Washington state, generally each spouse will retain
their separate property, however, the court does have the authority to divide separate property in certain situations. Community property is subject to division
between the spouses. There may be different factors to consider on what that split may look like.
