Washington follows a community property system. This means that, in most cases, assets and debts acquired during the marriage are jointly owned by both spouses, regardless of whose name is on the title or account.

• Community Property
  Property or assets acquired during the marriage using income earned during the marriage are typically considered community property. The same is true for debts incurred by either spouse during the marriage. As a rule of thumb, community property is subject to division by the court in a divorce.
  
• Separate Property
  Separate property, on the other hand, is not typically subject to division by the court. Instead, the spouse who owns the separate property usually retains it after the divorce. In Washington, separate property can include:
  

• Property acquired before the marriage
  
• Property acquired by gift or inheritance (from someone other than the spouse)
  
• Income derived from separate property, as long as it is kept separate
  
• Property excluded by a valid prenuptial or postnuptial agreement
  

Although Washington law starts with the concept that community property belongs to both spouses, courts have the discretion to make an equitable (fair) division rather than a strictly equal (50/50) split. In practice, an even split is common, but the court may deviate from it to achieve a fair result.

How Community Property Is Divided

When dividing the marital estate, Washington courts look at multiple factors, such as the length of the marriage, each spouse’s economic circumstances, and future financial prospects. While the presumption is that spouses own community property equally, courts can consider issues like one spouse’s ability to generate income, health conditions, and the custody of any minor children to determine what is ultimately fair.

• Assets Acquired During Marriage
  Any real or personal property purchased or received during the marriage using marital funds will generally be classified as community property, regardless of whose name is on the title or deed.
  
• Gifts Between Spouses
  If one spouse gifts an asset to the other during the marriage, this may still be regarded as community property unless there is clear intent or legal documentation indicating otherwise.
  
• Special Forms of Ownership
  In Washington, you may see real property held as joint tenants or tenants in common. Community property laws also apply to property held by spouses in these ways, although exact treatment may vary based on timing, documentation, and other factors.
  

Separate Property in More Detail

Separate property refers to assets each spouse brought into the marriage or acquired by gift or inheritance from a third party. The critical factor is usually whether the property has been “commingled” with community property during the marriage. For instance, if one spouse owned a home before the marriage but used community funds (joint income) for substantial renovations or mortgage payments, part of that home’s value could become community property.

Prenuptial or Postnuptial Agreements

Spouses may sign legally enforceable agreements outlining which assets will remain separate, even if they might otherwise be considered community property. Assuming the agreement meets Washington’s requirements (e.g., transparency of assets, no coercion, and proper execution), the court will typically honor it.

Liabilities and Debts

Just as assets can be community or separate property, debts in Washington may be community debts or separate debts. If a debt was incurred during the marriage for the benefit of the household, it will generally be considered community debt. If, on the other hand, a spouse had personal loans or credit card balances prior to marriage—or took on debt solely for personal interests unrelated to the community—those debts may be deemed separate.

• Community Debts
  Liabilities arising during the marriage (e.g., credit cards used for household expenses, mortgages on the family home) can be split between the spouses, or one spouse may be assigned a larger share if it results in a fair overall division of property and debts.
  
• Separate Debts
  Debts incurred before marriage or those clearly kept separate from the marital finances (such as a student loan predating the marriage) are typically assigned to the spouse who originally incurred them.
  

Ensuring a Fair Division

While Washington presumes an equal interest in marital property, the final division must be “just and equitable.” Courts have wide discretion to ensure a fair outcome. For couples seeking greater control over how property and debts are allocated, an uncontested divorce (where both spouses agree on division) often offers more flexibility and lower costs. In such cases, a Community Property Agreement or similar written settlement can be presented for the judge’s approval, which typically expedites the process.

Ensuring Equal Treatment

In Washington, the legal framework is explicitly designed to treat same-sex and opposite-sex couples equally. Judges must apply the same legal standards to determine child custody, property division, and spousal maintenance, ensuring that same-sex spouses receive the same protections and obligations under the law.