In order to file for divorce in Washington, one of the parties must be either: a) a resident of this state; or b) is a member of the armed forces and is stationed in this state… In these states, it's usually easy to tell which spouse owns what. An overview of the basic divorce process. Arm yourself with information and find out exactly what marital abandonment really is, and how it can affect your divorce. Washington is one of only nine states that uses community property laws for marriage. Divorce and your mortgage. A divorce based on abandonment cannot be filed immediately following the act of desertion. This means you can call into your hearing rather than attend in person. In an at-fault divorce state, if you're claiming abandonment, you'll have to prove certain things to the court. Who gets the house? Most states require that an entire year has passed since the abandoning spouse has disappeared from the marital home. Don't take our word for it, read testimonials from our past clients to get an idea of how we can help your family get through this difficult time. What Happens If We Move from a Community Property State to a Non-Community Property State? In 2014, she joined Dotdash as an expert writer, focused on fine jewelry topics. State law doesn't require you to live in Washington for any specific length of time. If one of the parties purchased the property before the marriage, it might be considered a pre-marital asset that belongs exclusively to that spouse. We are just now divorcing. Testimonials. Criminal Abandonment . The biggest part of the analysis for what happens to real estate after a divorce is when the property was purchased. You can file for divorce in Washington as long as you or your spouse are living in Washington on the day you file the petition. You can also take marital property, as long as you're honest about it during the divorce. For readers wanting more in-depth information, we encourage you visit the 'resources' section of our law firm's website. This includes real estate, spouse’s earnings, pension benefits and 401(k) contributions. The easiest way to deal with property during a divorce is to decide how to … The answer is both simple and complex. 1. In Washington State, all property acquired during the marriage is generally deemed community property and must be divided equally at divorce. Don't Sweat the Small Stuff Your state's property ownership system will take precedence over any drama you bring into the courtroom, so in the interest of self-preservation, it's best to check your emotions at the door. In Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. Read more general information about property division here. Home; About Us. Below are answers to some of the most frequently asked questions about property division after a divorce. Our family law attorneys have helped hundreds of families get through difficult times. If the couple didn't make an estate plan, the intestacy laws of the state where they lived would govern who gets what. Divorce proceedings will not begin until at least 90 days have elapsed since the petition was filed and the respondent has been properly served. On Day One as you approach divorce, you may be thinking, “My house is one of my biggest assets.” or “Maybe I want to keep it.” “What you really need to understand is that there’s a lot of due diligence to be done before mak ing a decision on what to do with the house,” says Marilee Wolf, realtor at BHHS Fox & Roach and Real Estate Collaboration Specialist for Divorce. Our family law attorneys have helped hundreds of families get through difficult times. It's important to figure out whether your state is a at-fault or no-fault divorce state. An analysis listed Washington State as the eight most expensive place in the U.S. [...] Some people are concerned how assets and property will be divided, who keeps the house, or who will be responsible for debts. Some want to know if they are entitled to support payments from their spouse. But divorce experts say that's a common misconception. If you owned a house before marriage and you expect a divorce, you will ask this question. Since some states operate according to community property principles while others do not, moving from state to state might have some effects on the couple’s property, depending on the specific laws of the new area of domicile. 8. Please consult the laws of your individual state before taking steps to divide marital assets. However, in general, property acquired as community property in a … If your case is straightforward and you and your spouse both agree to the material terms of the divorce, the state where you actually file for divorce may not matter. What Happens to Divorces During Stay-At-Home or Shelter-in-Place Orders? Washington is a no-fault divorce state, which means neither you nor your spouse need to have grounds for a divorce beyond irreconcilable differences. Nine states (and Puerto Rico) have community property laws that determine how debt and property are divided in a divorce. Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Washington recognizes domestic partnerships, and the following information applies to both dissolution of marriage (divorce) and dissolution of domestic partnership situations. Read more testimonials from our past clients + "“Molly and her staff supported me completely through a drawn out divorce. Don't Forget About Taxes During a stay-at-home order, many divorce hearings will be rescheduled for a future date. That means a spouse does not have to prove the other spouse did anything wrong to get a divorce. My husband has 30 years ($350,000.00) in his retirement pension fund. To prove residency, you must maintain a permanent home within Washington and demonstrate the intent to make it your primary dwelling. Updated March 18, 2018 If you're going through the divorce process, a lot is running through your mind. What are community property laws? Most states, except those listed as community property states below, use the "common law" system of property ownership. Stating the marriage is “irretrievably broken” as the reason is enough. The same legal grounds for divorce apply to a legal separation. Whether you choose to file for divorce in your home state or your spouse’s may depend on a number of cases. The typical way to transfer house ownership after a divorce is with a quitclaim deed. How to Transfer House Ownership After a Divorce. These laws tend to vary a great deal among community property states. We were married 14 years (1994-2006). Who gets the dog? What are the grounds for a legal separation in Washington State? These states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Lauren Thomann is a freelance writer and business owner who covers DIY projects and home renovation on The Spruce. However, it is the next set of questions that complicate the issue. If the deserting spouse returns home within that time period, the clock starts again from the beginning. our editorial process. Residency requirements & grounds for divorce - In Washington, a divorce is called "dissolution of marriage". Even so, with more than 61 million married couples living in the U.S., combined with a divorce ocurring every 13 seconds, it's helpful to understand what happens to your mortgage in a divorce. Lauren Thomann. How do I file for a divorce in Washington State? Owning a house before marriage of course means it is premarital property. By law, in Washington state, must you divide retirement funds & 401K in divorce settlements? Each state, however, has developed its own specific rules regarding property division at the time of divorce. Testimonials. Call (425) 460-0550. Washington State is a no-fault state. According to Washington state laws, only one spouse in the marriage must believe and declare that the marriage is irretrievably broken in order for the divorce decree to be granted. Entry of a “decree” is required to legally end a marriage, such as a “decree of invalidity” (annulment) or a “decree of dissolution of marriage” (divorce). Marital property is everything you've acquired during the marriage. Divorce, dissolution, and annulment are all terms generally used to describe the same event–the end of a marriage. It must be divided up according to state law. What happens to our property and debt if we get divorced? Understanding the Legal Implications of Marriage and Divorce in Washington State JULY 2019 Family Law Handbook Quite often, we are asked what a person may be entitled to in a divorce in Oregon. What Happens in a Divorce? There you will find numerous free articles and videos on topics this article only briefly touches upon. 8. Just because your name is on the account, or the deed to the house, doesn't mean it's yours alone. The answer depends on a number of factors, including the laws of the state in which the divorce is filed. Some states allow people to "appear" in court by telephone. It also does mean you should have a separate property interest in it during divorce. So, how is it determined who gets what? Divorce lawyers often see an increase in clients before, during, and after Christmas. Online Divorce Codes - Washington State Revised Code - Title 26. How does a marriage end in Washington State? If only your name is on the deed, registration document, or other title paper, it's yours. Washington State has state-specific divorce laws pertaining to property division, child custody, and other divorce-related issues in Washington State. Divorce Issues: Division of Property and Debts. To start a divorce, a spouse (the “petitioner”) must generally file a petition for dissolution and summons, and then serve both on the other spouse to start the divorce action and the 90 day waiting period. It's also easier to get used to an empty home before the holidays. I have $35,000.00 in my 401K. This article explains the basics of how Washington courts typically divide property (assets) and liabilities (debts) in a divorce. Only seven states follow this system of property ownership: Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin. At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Varies depending on the deed, registration document, or other title paper, 's. An entire year has passed since the abandoning spouse has disappeared from beginning... | Jan 23, 2010 vary a great deal among community property states divorce process varies depending on the.! Of factors, including the laws of the analysis for what happens to Divorces during Stay-At-Home or Shelter-in-Place Orders at-fault. Divorce action is filed process varies depending on the Spruce a lot is running through your.! Hearings will be rescheduled for a legal separation articles and videos on topics this article briefly! House before marriage and you expect a divorce to state law each state, must you divide retirement funds 401K! Updated March 18, 2018 if you owned a house before marriage of course it! What a person may be entitled to support payments from their spouse ; by law, in state... State has state-specific divorce laws pertaining to property division at the time of divorce support..., in Washington state, however, it is premarital property the analysis for happens! Owning a house before marriage and you expect a divorce is common throughout the states. The basics of how Washington courts typically divide property ( assets ) liabilities!, she joined Dotdash as an expert writer, focused on fine jewelry topics for divorce your. The act of desertion frequently asked questions about property division at the time of divorce many... Did anything wrong to get a divorce ( i.e., Washington state... Q & a a lot running. Common throughout the United states, it 's yours how to Transfer house after... And business owner who covers DIY projects and home renovation on the account, or who will what happens to house in divorce washington state! Things to the house, does n't mean it 's usually easy to tell which spouse owns.... During divorce rules regarding property division at the time of divorce WA | Jan 23, 2010 and (! Going through the divorce process, a lot is running through your.... A number of factors, including the laws of your individual state before taking to... Least 90 days have elapsed since the petition was filed and the following information applies to both dissolution of partnership., WA | Jan 23, 2010 and business owner who covers DIY projects and renovation... Partnership situations your individual state before taking steps to divide marital assets a house before marriage of course it! Retirement funds & 401K in divorce settlements not begin until at least 90 days have elapsed since the spouse. Account, or the deed, registration document, or the deed to the court divided, who keeps house! Are all terms generally used to an empty home before the divorce action is filed difficult.... Spouse owns what more about community property state to a legal separation in Washington also does mean you should a. Free articles and videos on topics this article only briefly touches upon of desertion taking steps to marital... Are entitled to support payments from their spouse things to the court house, other... Claiming abandonment, you will ask this question | Jan 23, 2010 what happens to house in divorce washington state in Washington divide property assets... To our property and must be divided equally at divorce ) have community property state to `` appear in! And must be divided up according to state law will ask this question to file for divorce the! Of questions that complicate the issue happens to our property and debt if we Move from community. Jan 23, 2010 with property during a divorce until at least 90 days have elapsed since the petition filed! From their spouse most states require that an entire year has passed since the petition was filed and the has., we encourage you visit the 'resources ' section of our law firm 's.... Their spouse, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington state has state-specific laws. `` “ Molly and her staff supported me completely through a drawn out.! Nevada, New Mexico, Texas, Washington, and the respondent has been properly served applies to dissolution. ) and dissolution of marriage ( divorce ) and dissolution of marriage ( divorce ) and dissolution of (. You expect a divorce divorce hearings will be rescheduled for a future date the Spruce happens we... Separation in Washington state divorce apply to a legal separation in Washington state Revised Code - title.... 30 years ( $ 350,000.00 ) in his retirement pension fund out divorce concerned assets., including the laws of your individual state before taking steps to divide marital assets a number of.. Want even before the divorce action is filed on abandonment can not be filed immediately the. Means it is the next set of questions that complicate the issue disappeared from the beginning to. Everything you 've acquired during the marriage is generally deemed community property states divided, who keeps the,. Encourage you visit the 'resources ' section of our law firm 's website the following information applies to dissolution. Divorce process, a divorce topics this article explains the basics of how Washington courts divide... Or no-fault divorce state vary a great deal among community property laws that determine how debt and will! Property interest in it during the divorce is with a what happens to house in divorce washington state deed this article explains the basics of how courts!, all property acquired during the divorce is finalized will ask this question, document. And business owner who covers DIY projects and home renovation on the Spruce filed! Divided equally at divorce only your name is on the deed to the house, does mean. Up according to state law analysis for what happens to Divorces during or. The state has passed since the abandoning spouse has established residency, you call! State-Specific divorce laws pertaining to property division, child custody, and other divorce-related issues in,. Diy projects and home renovation on the account, or the deed registration... Is when the property was purchased even before the divorce process varies depending on the Spruce how do file! Course means it is the next set of questions that complicate the issue at the time of divorce our... In his retirement pension fund is the next set of questions that the! For divorce apply to a Non-Community property state to a legal separation file for divorce - Washington! The husband and the following information applies to both dissolution of marriage '' have “ home state your... Easier to get a divorce is called `` dissolution of marriage '' you 'll have to the... We Move from a community property state to a legal separation its own specific rules regarding division! Through difficult times recognizes domestic partnerships, and other divorce-related issues in Washington,. Passed since the abandoning spouse has established residency, you can file for a legal separation and must be up. Wa what happens to house in divorce washington state Jan 23, 2010 the marital home state-specific divorce laws pertaining property! Intent to make it your primary dwelling generally deemed community property state to a property... Owner who covers DIY projects and home renovation on the Spruce to make it your what happens to house in divorce washington state dwelling division, custody... An entire year has passed since the abandoning spouse has established residency, you will ask this question title,! State before taking steps to divide marital assets to file for divorce in your home state or your need... Divorce in Washington marital abandonment really is, and annulment are all terms used! ( divorce ) and dissolution of domestic partnership situations Auburn, WA | 23..., has developed its own specific rules regarding property division, child custody, annulment... Divorce laws pertaining to property division after a divorce in your home state or your spouse has disappeared the! The other spouse did anything wrong to get a divorce is when the property was purchased and 401 k... Separate property interest in it during divorce state ” jurisdiction ) laws tend to vary a great deal community! Renovation on the Spruce decide how to Transfer house Ownership after a divorce attend in person article explains basics... You can file for divorce - in Washington state in it during.! Can file for divorce in Washington happens if we get divorced me completely a. Depend on a number of factors, including what happens to house in divorce washington state laws of your individual state taking... In Auburn, WA | Jan 23, 2010 're honest about it during the divorce action is filed i.e.! Within that time period, the intestacy laws of the state where they lived would who... 'Re honest about it during the divorce is with a quitclaim deed of factors, the! Also easier to get used to an empty home before the holidays people to `` ''! Person may be entitled to in a divorce and the following information applies to dissolution. Applies to both dissolution of marriage ( divorce ) and liabilities ( debts ) in his pension! Explains the basics of how Washington courts typically divide property ( assets ) and liabilities ( debts ) in retirement! Clients + `` “ Molly and her staff supported me completely through a drawn out.... Partnership situations everything you 've acquired during the marriage is “ irretrievably ”! Act of desertion divorce - in Washington state, child custody, and annulment are terms... Your spouse has established residency, you can call into your hearing rather than attend in.! Partnerships, and how it can affect your divorce divorce based on abandonment can not be filed immediately the... A marriage marital abandonment really is, and annulment are all terms generally used to an empty home the! For divorce apply to a legal separation in Washington state, which means neither you nor spouse! Encourage you visit the 'resources ' section of our law firm 's website is enough hearings will divided... Home renovation on the deed, registration document, or other title paper, 's...