Legal Question in Family Law in Washington

My wife and I want to get divorced. We have been married 36 years (I know - how stupid can ya get!). she acquired real estate as a gift before we were married. She acquired additional real estate as an heir to an estate 10 years ago. Total value of all this property is approx $150,000. In Washington state that is considered her seperate property.

However, her net income has been less than $75 per month for the past 5 years, and less than $400 per month for the two years prior to that. In these 7 years we will have paid community association fees, property taxes and sewer asessments in excess $13,000 (including $5700 in back taxes currently due). Over the last ten years these taxes have all been paid with "community income" (95% my income). Likely over the entire 36 years they were paid with only "her seperate assets" maybe 5 or 6 times, if that.

Is her "seperate property" now "community property" because ownership has been maintained with co-mingled assets?

How stupid would I be to pay up the $5700 to bring the taxes current before we divorce? Would doing so strengthen my claim? If so I would like to pay the taxes before year end so I can have the 2010 income tax deduction, so a quick answer would be so appreciated. And no, I don't currently have a lawyer. I'm am searching for one.

Thank you,

Hosed Myself


Asked on 12/23/10, 6:42 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

1. No. Property retains its character as community or separate unless commingled (or given or by agreement), which the payments do not constitute.

2. Income is community property and community contributions to the separate property should allow you to the value of half the community contributions.

If you are paying $5,700 with community funds, how does it matter how you spend it? And wouldn't filing as married be more financially beneficial?

It seems the question is how you would ensure you got the $2,350 half interest (less tax benefit). If there are sufficient community assets that you could offset your $6,500 investment in her property by receiving that much more of the assets, and you can agree amicably on the property division, then pay the tax now, get the tax benefit for the community and agree on a division that includes your $6,500. If not, hang on to your money now and let her worry about the tax later (and take the entire tax benefit for herself).

As to how stupid can ya get, you will have to answer that question yourself. I suppose it depends upon your view of the meaning and ramifications of a solemn vow.

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Answered on 12/28/10, 7:39 pm


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