Legal Question in Family Law in Washington
separate estate
My wife and I have been married for a little over 4 years. For the last 6 months she moved out of the house and we will file for divorce.
Prior to this in 2005 we were legally separated for 1 year. During that period (of legal separation) I boght a house wich now I live in. She said she doesn't want to have anything to do with it and she signed a Quit Claim Deed. I bought it as a married person as my separate estate. She did live in this house for about 1 year. I am paying all the bills (including hers) and always was. In case of the divorce will my house be subject the common law in Washington or she renounced any rights by signing this Quit Claim? Thank you.
1 Answer from Attorneys
Re: separate estate
All property of both parties and the marital community is before the court in the event of a divorce, but that fact that the house was acquired by you as separate property, and that she signed a quit claim will work in favor of your retaining the house and the equity in it. Also because you have a relatively short term marriage the courts will be attempting to put you both back as near the point of entry into the marriage as it practically can will also work in your favor in retaining the house and equity. If you both agree on how to divide assets and liabilities you should be able to do this with minimal cost.
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