Legal Question in Family Law in Washington

laws regarding seperate property $ invested in a home

What is the law in Washington regarding money that one individual in the marriage received from the sell of a previously own home before marriage and sold during the marriage to buy what is now the family home? Does this person get all of the money from that sell back if the family home is sold because of a divorce? Or is this considered community property if there was no prenupual agreement signed?


Asked on 4/28/00, 6:47 pm

1 Answer from Attorneys

Britton Buckley Law Offices of Britton A. Buckley

Re: laws regarding seperate property $ invested in a home

Proceeds from the sale of property owned prior to marriage remain separate property as long as the proceeds can be traced and are not commingled with community funds. Property purchased with those proceeds remains separate property. The details of your situation cannot be addressed in a short answer because there are many related issues that can impact a court's property award.

For instance, there may be a community lien on separate property or a separate property lien on community property to reimburse one spouse for monies expended during the marriage. Also, if the property was purchased during a meretricious relationship (a long-term and stable live-in relationship) then it may be treated as community property even if it was purchased under the name of only one of the spouses. Finally, although the court generally does award each person his or her own separate property, it is not required to and can, if it feels that the circumstances warrant it, award one spouse's separate property to the other spouse.

You should talk to an attorney regarding the specific facts surrounding your situation for a more complete answer to your question.

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Answered on 7/07/00, 2:34 pm


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