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A property division attorney in Everett at Modern Family Law helps you identify, value and divide property and debt in a Washington divorce, from the family home to pensions and retirement accounts. Everett cases are decided in Snohomish County Superior Court, and your first consultation is free.
Washington is a community property state. Most property and debt acquired during the marriage belong to both spouses. Under RCW 26.09.080, a judge divides property in a way that is "just and equitable," which is often close to equal but doesn't have to be.
For many Everett families, the biggest assets are the house and a pension. Our property division attorneys help you understand what those are worth and what a fair division looks like before you agree to anything.
Schedule a Free ConsultationThe court sorts each asset and debt, values it and then divides it.
Community property usually includes wages, homes, vehicles, retirement contributions and debts acquired during the marriage, no matter whose name is on the account or title.
Separate property usually includes what you owned before the marriage and gifts or inheritances you received during it. If separate money is mixed with community money, it can be harder to keep separate, so records matter.
A judge looks at the community and separate property, the length of the marriage and each spouse's financial situation after the divorce. The court may also consider giving the family home to the parent who has the children most of the time.
List what you own and owe with our Washington assets and debts calculator.
Property is divided as part of your divorce or legal separation case in Snohomish County Superior Court, on the Snohomish County campus at 3000 Rockefeller Ave. Both spouses must share financial records, including bank, retirement and debt statements. If you settle, the agreement becomes part of your final decree. If not, a judge decides.
Unmarried couples who lived together in a committed intimate relationship may also ask the court to divide property acquired during the relationship, under different rules than divorce.
Some assets need extra care to divide fairly.
The part of a military pension earned during the marriage is generally community property in Washington. Federal law controls how it's paid. For example, the Defense Finance and Accounting Service can pay a former spouse directly only when certain conditions are met, including at least 10 years of marriage overlapping 10 years of service. Survivor benefits and the Thrift Savings Plan also need attention.
Many Everett families have Boeing or other employer pensions, 401(k) plans and company stock. These can usually be divided with a special court order, often called a QDRO, that tells the plan how to pay each spouse without early-withdrawal penalties.
You can sell the home and split the proceeds, or one spouse can keep it and buy out the other, often by refinancing. Debts taken on during the marriage, such as credit cards and car loans, are divided too.
Our Everett property division attorneys will help you see the full picture of your finances and plan your next steps. Your first consultation is free.
At Modern Family Law, we help you understand your finances before you make decisions you can't undo. We work with appraisers and financial experts when your case needs them.
Frequently asked questions
Washington is a community property state, but judges divide property in a way that's just and equitable. That's often close to equal but not always.
Yes. The part earned during the marriage is generally community property. Federal rules control how it's paid to a former spouse.
The portion earned during the marriage is usually divided with a special court order that instructs the plan how to pay each spouse.
You can agree that one spouse keeps it and buys out the other, or you can sell and split the proceeds. A judge can also decide.
Usually, yes. It can lose that status if it's mixed with community money and can't be traced.
Yes. Debts taken on during the marriage are generally community debts and are divided along with property.
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