Legal Question in Family Law in Washington
Income from separate estate properties at divorce
In a community property state, upon divorce, does one spouse have a claim on the other spouse's income if it is rental income from commercial properties held as an LLC and acquired prior to the marriage as a separate estate. Thank you.
Asked on 6/08/06, 11:40 pm
1 Answer from Attorneys
Christopher Steuart
IT Forensics, Inc.
Re: Income from separate estate properties at divorce
All property is before the court in a dissolution. So the possibility of such a claim exists, but many factors are considered in allocating property, debt, and income (spousal maintenance) a couple of factors is how long the parties were married and relative income and property status of the parties. Short marriages generally see the court trying to put the parties back to pre-marriage position.
Answered on 6/09/06, 2:38 pm
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