Seattle Property Division Lawyer

Frequently Asked Questions

How is Property Divided in a Divorce?

Property division in a divorce may involve the family home, pension, 401k, stocks, stock options, a family business, bank accounts, cars, pets and other personal property. The task of dividing assets can become highly complex. Our divorce attorneys have the knowledge, experience and resources to assist you in maximizing and protecting your assets at all stages of the divorce process. When necessary, we use real estate appraisers, business valuation experts and forensics accountants who can support your case.

Does Washington automatically divide marital property 50/50?

No. Washington law does not require every asset to be divided equally. The court seeks a just and equitable distribution of the parties' property and liabilities after considering the circumstances of the marriage. This means the final division may not be an exact 50/50 split.

Is property I owned before marriage protected in a divorce?

Property acquired before marriage may be considered separate property, but that does not necessarily mean it will be excluded from consideration during property division. Changes in value, contributions made during the marriage, commingling, and other circumstances can affect how an asset is treated. An attorney can review the history of the property and determine what issues may need to be addressed.

What happens to a house during a Washington divorce?

The marital home may be sold, awarded to one spouse, or otherwise addressed through an agreement or court order. Factors such as the home's value, mortgage, equity, financial circumstances, and the needs of the family may affect the outcome. A professional appraisal may be appropriate when the spouses disagree about the property's value.

How are retirement accounts divided in a divorce?

Retirement accounts such as 401(k)s, pensions, and other employer-sponsored plans may contain both community and separate interests. Dividing these accounts can require careful analysis of contributions, account values, and the portion accumulated during the marriage. Certain retirement assets may also require specific legal documents or procedures to transfer funds without unintended tax consequences.

How are debts divided during a divorce?

Divorce involves dividing liabilities as well as assets. Mortgages, credit cards, personal loans, student loans, and other debts may need to be classified and allocated between the spouses. Even when a divorce decree assigns a debt to one spouse, additional considerations may arise concerning the creditor's rights and the parties' obligations.

What happens to a family business in a divorce?

A closely held business may be one of the most complicated assets to address during property division. The business may need to be valued, and the parties may need to determine whether one spouse will retain the business while compensating the other or whether another solution is appropriate. A business valuation professional or forensic accountant may be helpful when the value or ownership interests are disputed.

How are stock options and investments divided in a divorce?

Stocks, stock options, restricted stock, investment accounts, and other financial assets may be subject to division depending on when and how they were acquired. Determining the marital portion can be particularly complicated when an asset was granted before marriage but vested or increased in value during the marriage. Financial records and expert analysis may be necessary to determine the parties' respective interests.

Can my spouse hide assets during a divorce?

Attempting to conceal assets can complicate property division and may have serious legal consequences. Concerns about undisclosed bank accounts, income, investments, business interests, or other property may require a detailed review of financial records and other evidence. Attorneys may work with forensic accountants or other professionals when additional investigation is necessary.

What happens to property we received as an inheritance?

An inheritance received by one spouse may generally be considered separate property, but its treatment can depend on how the inheritance was handled during the marriage. Commingling inherited funds with community assets or changing ownership can create questions about whether some or all of the property remains separate. Documentation showing the source and history of the inheritance can be important.

Can my spouse and I agree on how to divide our property?

Yes. Spouses can negotiate a property-division agreement rather than leaving every decision to the court. An agreement may allow the parties to address the family home, retirement accounts, investments, personal property, debts, and other assets according to their specific circumstances. Legal counsel can help ensure the agreement accurately reflects the parties' interests and is properly incorporated into the divorce.

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.