Legal Question in Family Law in Washington

Re: Separate Property Washington State

If you could make out an argument based on equity that it would be unfair to allow you to not share in the appreciation of the home, then perhaps a judge may grant you some of the appreciation. However, normally, the law provides that the community is entitled a dollar for dollar return on its investment into the property without any appreciation or depreciation for that matter.

When you say that you paid for repairs and the mortgage, the question that comes up is what source of funds you used, separate property or community property funds? If it was community, then you are entitled to one half of cost of the mortgage and repairs.

Determining the character of the funds put into that home will be crucial to determine what you are entitled to.

By the way, if at anytime during the marriage the property was refinanced, it is likely that your name was added to the loan and title, which would have converted the property into community property, so that you would be entitled to a 50% share of any proceeds derived from the sale of the property.

Again, characterizing property is the key to calculating your interest in it. I hope this helps. Good luck. By the way, if you need to get in touch with me for further explanation (because what I have given you here barely scratches the surface in this area) feel free to call or e-mail anytime.