What is Marital Property According to Washington Law?
Washington is one of a few remaining
community property states in the country, which means items considered marital property are generally split equally. According to Washington law, marital (or community) property is that which was acquired by either party during the course of the marriage, with some exceptions. Community property generally includes:
- All earnings of either spouse during the marriage (including interest on investments, capital gains, retirement benefits, and other assets);
- All property obtained with earnings during the course of the marriage; and
- All property obtained with community funds.
For couples that move from a state that doesn't recognize community property, the property each spouse acquires in that other state is considered separate property in the event of a divorce in Washington.
What Isn't Considered Marital Property in Washington?
Items (including real estate and other assets of value) not considered community property are called "separate property." These assets generally aren't part of the property division in a divorce. Separate property in Washington may include:
- Gifts to only one spouse;
- Items purchased prior to marriage; and
- Inheritances.
It's important to keep in mind that an item may lose its separate property status if it's
commingled with community funds, particularly if the separate property is hard to identify as such.