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Washington Property Division Factors

In Washington, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Family Court within the Decree of Dissolution of Marriage.

Washington is considered a "Community Property" state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the Family Court if the spouses are unable to reach an agreement.

Without regard to marital misconduct, the court will make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to: (A) The nature and extent of the community property; (B) The nature and extent of the separate property; (C) The duration of the marriage; and (D) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time. (Revised Code of Washington - Title 26 - Chapters: 26.09.080, 26.16.010, 26.16.020, 26.16.030, 26.16.220)