Legal Question in Family Law in Washington
Planning to go for a divorce. My wife willingly and knowingly signed the quit claim deed for our sole house and also a post-nep agreement that marks each of ours property as separate property -including bank accounts. We have one child and I am perfectly fine with taking her custody or providing child support. Can my wife make he claim on the property and ask for alimony? Post-nep agreement also waived her rights for the alimony if the marriage dissolves earlier than 2020. House is on mortgage on my name only and if we sell today, we would be in loss. What is the worst court can rule against me given the paper work done already?
1 Answer from Attorneys
All your questions will turn on the facts surrounding the post-nuptial agreement. Specifically, did you each have counsel, and did counsel advise your wife in writing about whether to sign or not sign the agreement. Beyond that, is the agreement objectively fair to your wife?
Do not put much stock in the quit claim deed. Under Washington community property law, not only is all community property before the court to distribute, but so is each spouse's separate property. No doubt, with your post-nup, you intended that not to be the case, but it is possible for the court to award a share of either party separate property to the other spouse if the court deems that to be the most equitable solution, and if the postnuptial agreement is found unenforceable.
That said, your worst-case scenario is that the postnuptial agreement is set aside and that the court treats your marriage is if there was no postnuptial agreement and divides the assets and debts according to current community property laws in Washington. As to whether your wife can make a claim on the home as well as for alimony which is referred to as spousal maintenance in Washington, that also comes down to an issue of whether the postnuptial agreement will be enforced.
I am sorry I cannot be more specific than what I've written here. Your best bet at this point is to consult with an attorney who can probe the details of your situation more thoroughly to know your options before you file for dissolution of your marriage.