Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Washington follows community-property rules under RCW 26.16.010. Assets you acquire during marriage typically count as community property and remain jointly owned until you formally divide them. Separate property—assets owned before marriage, inheritances or gifts—stays yours and you can partition it any time after separation.
Separate vs. Community Property
Under RCW 26.16.010, separate property belongs solely to the acquiring spouse. Community property includes income, real estate and other assets obtained during marriage. You may partition separate property through agreement or by filing a partition action, but you generally cannot divide community property before a divorce or legal separation order.
Filing a Partition Action for Non-Community Property
If you hold property as tenants in common with your spouse (for example, inherited land held jointly), you can seek partition under RCW 7.52.020. The court can order a physical division of real estate or a sale with proceeds split between owners.
Timing and Divorce Proceedings
Community property division typically happens in dissolution proceedings under RCW 26.09.080. Courts defer splitting community assets until you file for divorce or legal separation. Initiating those proceedings ensures a full, fair distribution of both assets and debts.
Helpful Hints
- Confirm whether each asset is separate or community property before taking action.
- Discuss a written partition agreement with your spouse to avoid court intervention.
- Review RCW 7.52.020 if you own non-community property as tenants in common.
- File for divorce or legal separation to trigger community-property distribution under RCW 26.09.080.
- Keep clear records of acquisition dates, titles and any written agreements.