Amid all the emotional upheaval and questions surrounding the future when a couple in Spokane gets a divorce, one of the most prominent issues that arises has to do with property division. There are certain rules laid out in the handbook of state family law that make clear how the end of a marriage affects property. While the idea behind marriage is to have a stable and happy home life and if it doesn't work out to part ways, there are always financial considerations that are must be viewed under the microscope as divorce legal issues and dealt with accordingly.
With property division in a divorce, the couple that is parting ways must divide property and debts equally. Property includes any assets that the couple has. It is possible that the divorcing couple will come to an agreement as to how the property will be divided. If that is not possible, then the court will decide how the property will be divided. How the property and debts will be allocated is contingent on the circumstances in each case.
In Washington State, the law views property accrued during the marriage as "community property." What this means is that anything the couple acquired while they were married will be equal. This can be complex, especially when the couple has been married for a long period of time and has significant assets. Separate property refers to assets that were acquired prior to the marriage or property that was given to one of the spouses as a gift or inheritance. This too can be complicated and spouses might disagree as to whether the item was given to one or both of them. Often this has to do with the item's value.
The court will determine the division of debts and property and this must be done in an equitable and just manner. Many issues come into play when the court makes the decision. This will include the length of the marriage, the history of employment of the couple, the amount of property and other issues. When there is confusion or questions regarding how property division is handled in a divorce, it's important to have legal advice on how to move forward in achieving a satisfactory result.
Source: Washington Courts, "Chapter 4 Property Rights - Dividing Assets And Debt," accessed on Mar. 17. 2015