Washington Divorce Property Division

What the Law Says

Washington is one of 9 community property states — property acquired during the marriage belongs to both spouses. On divorce, Washington divides the community estate equitably — what the court finds just, not an automatic 50/50. Property owned before the marriage, gifts, and inheritances generally stay with the original owner.

Washington is a community property state whose division statute reaches everything: RCW 26.09.080 directs the court to dispose of all property and liabilities, “either community or separate,” as “shall appear just and equitable after considering all relevant factors” — expressly “without regard to misconduct” and with no statutory equal-division mandate. The statute names four factors: the nature and extent of the community property; the nature and extent of the separate property; the duration of the marriage or domestic partnership; and the economic circumstances of each spouse when the division takes effect, including the desirability of awarding the family home to the spouse with whom the children reside the majority of the time.

Division Factors (RCW 26.09.080)

What Washington courts weigh:

1. Nature and extent of the community property (RCW 26.09.080(1))
2. Nature and extent of the separate property (RCW 26.09.080(2))
3. Duration of the marriage or registered domestic partnership (RCW 26.09.080(3))
4. Economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home, or the right to live in it for reasonable periods, to a spouse or domestic partner with whom the children reside the majority of the time (RCW 26.09.080(4))

Common Questions