The law states: "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:..."
What does this mean? That, regardless whether you have separate property or not, everything is thrown in one big bucket? And you're only sure that your separate property will end in your half of the bucket? I thought separate property isn't divided at all, only community property is. Is this correct?
My understanding that separate property that was purchased prior to the marriage is not divided. I owned a home free and clear prior to getting married. I sold it and all the proceeds were considered soley mine.
My ex purchased 5 acres prior to getting married and community money payed off approx 75% of the debt. 25% of the value at the time we got divored was considered his seperate property and I had no claim to that part. 75% of the value was considered community and I was entitled to 1/2 of the 75%.
It means exactly what it says. Washington is technically a community property state, but the judge can and will split the property any way he or she sees fit. They can award 100% of the family home to the custodial parent if they decide that's what's "just and reasonable". "Separate" is included so it's all up to the judge, and they do uneven splits all the time.
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