Tacoma, WA asked in Divorce for Washington

Q: Me and my wife live in Washington state we was married 5 years ago her previous marriage her x husband filed bankruptcy

We bought a house and few other thing she could not get any credit at the time the titles of the house is in my name only and now we're going through a divorce and see liable for half the house

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1 Lawyer Answer
Brian Lehman
Brian Lehman

A: There are a few terms that you aren't using correctly, but that's okay since you are not a lawyer. If you are going through a divorce, you should get a lawyer. Also, In Washington, the courts will accept a fair and reasonable property division if parties agree to it. You should try above all to find a resolution outside of court and compromise. Enter mediation -- litigating a divorce is miserable for most, if not all, people.

With that said, Washington is a community property state so the court would divide all property and debt acquired from the date of marriage until the marital cut-off date. The court does not consider marital misconduct.

The relevant parts of the Revised Code of Washington are: Title 26 - Chapters: 26.09.080, 26.16.010, 26.16.020, 26.16.030, 26.16.220. Under these statutes, the court divides the assets and the liabilities of the spouses, either marital or separate, in a way that seems fair. In doing so, it considers all relevant factors including, but not limited to:

the nature and extent of the community property;

the nature and extent of the separate property;

the duration of the marriage; and

the economic circumstances of each spouse at the time the division of property is to become effective. This includes the desirability of awarding the family home or the right to live there for reasonable periods to a parent with whom the children reside the majority of the time.

But, again, I highly recommend a lawyer and mediation for a divorce. Litigation in this context is miserable and expensive.

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