The community property law in Washington may make people anxious when they consider divorce. People may worry about their finances if they have to divide everything they own with their spouses.
Both spouses typically need to disclose what assets they acquired during the marriage. They have to share that marital property with one another. However, there are some types of assets that people do not have to divide when they divorce in Washington.
Either spouse may be able to protect certain resources as their separate property during divorce negotiations or community property litigation in family court. What assets are theoretically exempt from community property rules in Washington?
Pre-existing resources
Community property rules make the assets accumulated during marriage the joint property of both spouses. Either spouse may enter the marriage with pre-existing property.
Financial resources, furniture, vehicles and other valuable assets may be separate property because one spouse acquired those resources prior to getting married.
Assets received from others
Those who have close relationships with either of the spouses may want to give them gifts. Friends and family members may provide valuable gifts to one spouse that can remain their separate property. Even though they acquired those assets during the marriage, the recipient spouse can often retain the gifts that they received as their separate property.
Inherited resources
When people die, the surviving individuals closest to them may inherit their property. If someone dies without a will, then their children and other close family members may inherit their property.
If the deceased person drafted a will, then their testamentary instructions determine who inherits what from their estate. Any inheritance left to one spouse rather than to both spouses could potentially remain the separate property of the heir or beneficiary.
Unfortunately, many people do not take the necessary steps to protect their separate property. Instead, they commingle their property with marital assets. By giving their spouse control over the assets or including them on ownership paperwork, an individual with separate property may risk claims of commingling. Their spouse could potentially try to claim that assets that could be separate property are actually part of the marital estate.
Those contemplating divorce may need help reviewing household financial documents to prepare for property division proceedings. Understanding which assets are subject to division can help people prepare for the process ahead.