Property acquired during a marriage is presumed to be community property, but Washington property division attorneys know there are exceptions to that rule. Property that one spouse inherits or receives as a gift is presumed to be that spouse’s separate property. A Washington appeals court recently considered whether inherited property…
The court must distribute the assets in a divorce if the couple does not reach an agreement as to distribution. Certain property may be considered separate property. In Washington, an asset is separate property if it is either acquired before the marriage, acquired during the marriage by gift or inheritance,…
No one wants to think about divorce before they are even married, but a prenuptial agreement can protect both parties if the marriage doesn’t work out. While most people think in terms of either being married or divorced, Washington divorce attorneys understand there may be significant periods of separation. If…
In any divorce, it is important for the parties to identify all of the assets they want to be considered and divided. While all of the property is before the court for distribution in a divorce, the court can only distribute those assets of which it is aware. If the…
Often, the family home is one of the more difficult assets to address in a divorce. Even if both parties agree to sell the home, the process can still be difficult. In a recent unpublished case, a Washington appeals court determined whether the sale of a home was “imminent,” as…
Washington courts are to consider several factors when determining property distribution in a divorce. Those factors include the nature and extent of community property and of separate property, the duration of the marriage, and the financial circumstances of the parties. Thus, although the court characterizes property as community or separate,…
Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support. It is important that parents…
Divorces can be very complicated when a valuable business is part of the community property. The party who keeps the business may be unable to pay their spouse’s share immediately, resulting in long-term property distribution payments and interest. A Washington appeals court recently addressed these issues in the unpublished case…
Emotions run high during divorce, and sometimes unfortunately the parties will try to hurt each other. When a party to a divorce intentionally damages property or wastes the couple’s assets, the other party may seek a remedy through the court. In the recent case of In re Marriage of Fellows,…
High-asset divorces are very complex and difficult matters. It is not uncommon for one party to allege the other has either wasted or hidden assets. Additionally, the standard calculation may not be an equitable way to determine the appropriate amount of support, so the court has some discretion to deviate…