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Property & Debt Distribution

Q: How will the court divide my property & debts?
A: 1. Generally, a judge will look at your property and debts and will try to divide them fairly. This does not mean they will necessarily be divided fifty-fifty.
2. The general rule is all property and debt that either of you acquired during the marriage should be divided fairly between you. This property and debt is called “community property” and “community debt”.
3. All property and debt that you acquired prior to the marriage and after you separated is normally yours to keep. This property and debt is called “separate property” and "separate debt”. Again, these are general rules and there are exceptions.
4. The court considers several factors in attempting to make the division of your property and debt fair:

(a) The nature and extent of the community property;

(b) The nature and extent of the separate property;

(c) The duration of the marriage;

(d) Each party’s economic circumstances, including whether the party with custody of the children should remain in the family home; and

(e) Any other relevant factors.

5. Absent an agreement with your spouse as to how your property and debt will be divided, what you want to do is offer the judge a reasonable solution that looks fair and allows you to keep the property you really want.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Law Offices of Jason Benjamin
Located at 10116 36th Avenue Court Southwest, Suite 310, Lakewood, WA 98499.
Phone: (253) 201-0308.
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