WASHINGTON
PROPERTY DIVISION
As part of an action for
the dissolution of a marriage, the Court must
determine the division of property. The
standard the Court uses is not necessarily an
equal division of the assets, but a fair and
equitable division, considering all of the
circumstances.
The Court must first
determine what the assets consist of. The
Court has jurisdiction over both community and
separate property of the parties. Separate
property is what was owned prior to the marriage,
or received during the marriage as a result of a
gift or inheritance. Any other asset
acquired during the marriage will be presumed to
be community property.
The Court must also value
the assets in order to determine a fair
division. Typically real estate must be
appraised and pension or retirement benefits must
be evaluated by an actuary to determine its
present value.
The Court will consider
many factors in dividing the assets, including
the length of marriage, the economic
circumstances of each party, the terms of spousal
maintenance, if any, and any other relevant
factor.
A family law attorney can
advise you on what assets are subject to division
and how they can be properly valued and divided
to protect your interests.
Our
firm consist of three lawyers, Peter W. Mogren,
Ronald E. Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and probate, and
personal injury. Please click on the topics
above for details about these areas of practice,
including divorce, legal separation, property
division, child support, spousal maintenance,
parenting plans, modifications, paternity,
adoption, wills, Community Property Agreements,
Durable Power of Attorney, and probate.
Our
firm is conveniently located in Renton, King
County, Washington, just off the freeway at the
intersection of I-405 and I-167. Our
attorneys represent clients throughout the State
of Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue, Auburn,
Maple Valley, Federal Way, Des Moines, Burien,
SeaTac, Enumclaw and most of south King County.
The free information contained in
these pages is not
intended to be legal advice, and does not
create an attorney-client relationship. You
should always consult with an attorney before
taking any action. Feel free to call us at
425-255-4542.
