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Property
Division
In
Washington, all assets – real and personal property,
tangible and intangible, are available for distribution. As
a community-property state, Washington laws provide for a
“just and equitable" division of property acquired during
the marriage. This does not necessarily require an equal
division.
If the
husband and wife negotiate an agreement, the court will
usually approve it. If no settlement is reached, the court
will divide the property. Property agreements are binding
and generally cannot be modified. In deciding who gets
what, the court may consider: - nature and extent of
community property - nature and extent of separate property
- duration of the marriage - general financial position of
the parties - if one or both of the parties will pay the
debts - special needs and circumstances.
A
provision of Washington law addresses whether a parent
should be able to continue living in the family home so that
the children do not have to be moved. |