Legal Question in Family Law in Washington
Divorce
I have two questions: 1) I owned a home prior (Clallam County) to marrying my husband and moved in to his home before we were married and several months after our marriage I sold it to his mother at a loss (I could have gotten more, but my husband ''owed'' his mom $20,000 and I sold it to her for less than I could have gotten on the market for my husband to ''pay'' his mother back). I was trying to be nice. Would I be able to receive any money from my husband thru divorce for doing this? and, 2) I have issues of why I don't want my son (our) to be around his youngest child (6 y/o) from his first marriage. This child has problems and it has even caused problems in our marriage and my husband has ''dropped the ball'' parenting his son (he admits he has). He signed a QCD to put be on title (but not Deed of Trust) to the home and property, however, he acquired it prior to our marriage. Am I entitled to anything for being married 2 1/2 years??? Please help.
1 Answer from Attorneys
Re: Divorce
1) probnably not, but you'd want to run this past a local family law attorney.
2) Not wanting your child around a six year old seems harsh on its face, but you could well have a valid reason, I can't tell from this.
3) You don't want to be on the deed of trust.
WA is a community property state. If he put you on title to property that was his separately before the marriage that just goes to show he intended to share, but that isn't dispositive as to how the court will characterize it. Furthermore, all property is before the court for a just and equitable resolution, not just community property but also separate.
If you are awarded primary residential placement of your child you are going to get child support.
If you and your current husband have a lot of property and / or income, you might get maintenance during the pendency of the action, or not.
It is really fact specific. Call if you want a referral.
Elizabeth Powell
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