Legal Question in Family Law in Washington

I've lived in my house since December 1993. I've been married since 2009. My wife wants to sell the house and take half. Is she entitled to that much? Her lawyer also wants me to sign a quit claim so she can stay in the house. The mortgage would actually stY in my name.


Asked on 6/30/14, 5:49 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

The scenario you describe sounds completely backward. In Washington, when a divorce occurs, the court starts with the presumption that everything you owned prior to the date of marriage and after the date of separation is separate property. Everything earned during the marriage, or debts accumulated during the marriage are community property.

Since you owned your home prior to the date of marriage, it is separate property. On that basis, your wife is not generally entitled to half the value of the home. That said, Washington courts do have the authority to award either a disproportionate share of community property to one spouse, and they have the authority to award the separate property of one spouse to the other if equity so requires.

In your case, with a relatively short term marriage, unless there is some extraordinary circumstances that I am not aware of, the proposal your wife's attorney has made sounds outrageous. It sounds as if you've been representing yourself up to this point. If so, spend the money to at least get local counsel to look at your situation in depth so that they can advise you properly with all the relevant information at hand.

Best of luck to you.

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Answered on 7/01/14, 11:24 am


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