Legal Question in Family Law in Washington

Divorce & Division of Property

I will be getting married soon and have my own assets (house & vehicles) are these considered seperate property in a divorce, or is it necessary to have a prenuptial agreement?


Asked on 2/07/07, 12:38 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Divorce & Division of Property

The assets you bring to a marriage become community property by operation of law once you marry.

In other words, you have an undivided one half interest in your real property and your personal property, and your spouse has an undivided one half interest in your property, as you do in your spouse's property.

You can agree that what is yours remains yours and what is your spouses remains your spouses separate property, subject to certain restrictions.

If you want to have a pre nup drawn, there are lots of attorneys out there who can help you.

I don't do them.

What happens to your property in a hypothetical divorce depends on a host of factors, but mostly equity.

Equity means what's fair.

This is not California; Washington does not do a rigid 50-50 division.

Hope this helps. Powell

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Answered on 2/07/07, 12:56 pm


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