Whenever someone buys property (cars, houses, Xbox, furniture, clothes) during a marriage, the property belongs to both spouses equally because of Washington State’s community property laws. And community property must be divided.
Other property that you maybe owned before marriage, received by gift or inheritance, or otherwise agree is separate property may belong to only one spouse because it is what we call separate property.
However, all property is subject to division by the court. Friedlander v. Friedlander, 80 Wash.2d 293, 303, 494 P.2d 208 (1972).That means that even if you owned property before you were married, it could be part of the court’s calculation in dividing all the property that belongs to either spouse. And, yes, that means the inheritance from your Great Aunt Lucy must be disclosed and considered as part of the entire divorce.
In most divorces, there is some kind of property that you have to address, even if it is to agree that you can keep all your clothes and CDs (if you have CDs, which, of course is less and less likely as the years go by). Even the family dog is considered property and an owner must be named.
Dividing property and debt is often the most stressful part of a divorce because it means giving up things that may have more than monetary value (like the aforementioned dog). While the law’s ultimate aim is to ensure that everything is equitable, that does not mean that it will divide property equally between the spouses. In fact, inequitable distribution can be used to offset spousal maintenance or compensate for things like waste.
And the Court itself is fairly agnostic on the subject. If forced to make a decision, a judge will merely look at the monetary value and divide according to dollar amounts. The judge may consider sentimental value, but because that is hard to quantify, it will have less weight.
But with the help of an experience family law attorney, one who can take into account your personal tastes and preferences, you can ensure that you do indeed get to keep the flatware from your wedding or any plan on how to best handle other property decisions.
For more general information about divorce see our page Divorce in Washington State.
The Family Home in Divorce
Who has to leave the house in a divorce?
No one is automatically required to move out. Either spouse may remain in the home during the case unless a court order, usually for safety or fairness, says otherwise. This means that if you wait and don’t request that you stay in the home or otherwise don’t support the fact that you will stay, chances are you will be ordered to leave. Leaving doesn’t mean surrendering ownership rights.
For a larger discussion on the family home and real property in a divorce, visit our page Family Home and Real Property.
Why is moving out the biggest mistake in a divorce?
Moving out has a greater impact on child custody than property division. It can be a mistake if you approach it the wrong way and stop being a parent. But moving out could be a good idea if it avoids conflict. Because it may affect the rest of your divorce, it is important to work with an attorney to make sure you make the right decision.
What happens to the family home in a divorce?
There are a few different steps that we follow to determine what happens to the family home. First, we look to see how it was bought (what was the source of the down payment) and when (before the marriage or during). Next, we look to the current value. We can find the value through an appraisal of the house, for example. Finally, we look to alternatives for living for either spouse. The house can be sold or awarded to one spouse with a payment for the remaining equity in the house. This should be done with deadlines to ensure you can enforce the agreement.
How do you buy someone out of the house during divorce?
We can structure a buyout in several different ways depending on the circumstances. The first step is always to determine what equity remains in the house to assess the total amount of the buyout. Once you have that figure, you can look to other assets as a trade based on dollar or sentimental value. If there aren’t enough assets, you can also structure a refinancing of the house to take some of the equity out.
Is it smarter to keep the house or retirement money?
Whether you should keep the house or retirement money depends fully on the value of each, your ability to replace either one, and how close you are to retirement. It also does not have to be an all or nothing decision. You can divide both a house and retirement in different proportions as an option.
Retirement, Investments, and Valuable Assets in Divorce
Is my spouse entitled to half my 401(k)?
If you funded your retirement account during the marriage, it is likely community property. That means it must be divide equitably between you and your spouse. That does not mean that you have to give half of it to your spouse. It is possible to offset the value with other assets. Also, it is important that you do not withdraw half of the value int the 401(k) to avoid penalties and taxation. Work with an attorney to get a special court order that preserves the tax benefits of the 401(k).
What happens to inheritance in a divorce?
Inheritance is often considered the separate property of the person to whom it was given. But this can be complicated if the inheritance was left to both spouses or if you take the inheritance and mix it in with other cash assets or otherwise use it as though it belong to both spouses. The amount of time from receiving the inheritance and the divorce will also play a factor in what happens to an inheritance. The longer it is in your possession, the more likely it is to be divided.
How can I protect inheritance or separate property in Washington?
One way to protect against division of separate property like inheritance or a gift is to keep it separated from any community assets. That would mean, for example, if you received a cash inheritance that you open a new bank account or brokerage account in one spouse’s name only to keep the inheritance. You can also accomplish the same thing with things like agreements and careful accounting records, but these are more complex approaches.
Who keeps the wedding ring in a divorce?
Wedding rings and engagement rings have often been the subject of much litigation. And how they are treated depend on several things. One major consideration is whether the marriage has taken place. If it has an engagement ring is often seen then as completely given to the new spouse. But if you backed out or did not marry, it could remain the property of the person who gave it. Likewise after marriage a wedding ring is considered a gift and the separate property of the new spouse. But if the ring is a family heirloom of one of the spouses, it may be treated differently because of the family connection.
What assets or money cannot be touched in a divorce?
All property is subject to the jurisdiction of the court. Friedlander v. Friedlander, 80 Wash.2d 293, 303, 494 P.2d 208 (1972). But that doesn’t mean it will all be divided. Separate property such as inheritance or gifts are often left in the possession of the person who owns it. On the other hand, a spouse who has a lot of separate property may receive less community property if the court feels that the other spouse will need more community property to maintain a standard of living. That’s why it is important to work with an attorney to focus on an outcome that works best for you.
What happens to our pets during a divorce in Washington State?
Unfortunately, the family dog is considered property. That means that the court must determine an owner. That means the family pet has a dollar value associated with it that must be determined. In reality, it is possible to reach an agreement in a divorce for shared ownership of property with certain rights and obligations. An experienced family law attorney can help you structure the ownership to ensure the family pet gets taken care of.
Hidden Assets in Divorce
Can I empty my bank account or 401(k) before divorce?
There are a lot of reasons you shouldn’t do this, the first is that a lot of the money you withdraw from your 401(k) would end up getting eaten up by the government in income taxes. But also it will be found out and held against you. Remember that family law is about equity. That means that if you are someone who is behaving badly, the court will find ways to punish you by, for example, giving the value of your 401(k) to the spouse you were trying to keep it from.
How to handle hidden assets in a divorce?
An experience family law attorney has several tools to uncover hidden assets that may be used depending on how much has been hidden. Not all the tools are worth uncovering small amounts here or there. These tools do include getting bank information, looking at spending and receipts, examining credit card statements, or even business records. In complex cases, we may enlist a forensic accountant to find any accounting subterfuge.
How does divorce affect my tax filing status and next year’s taxes?
Your marital status on December 31 determines your tax status for that year. Divorce can also affect deductions, exemptions, and capital gains. Coordinate your tax strategy with your divorce attorney and CPA early to avoid surprises. IRS: Filing Taxes After Divorce or Separation
How Pacific Northwest Family Law Helps
Dividing assets can be complicated depending on the type of property you are handling, claims of separate or community assets, and the level of cooperation between spouses. It can also be an emotional challenge as you must decide on some assets to focus on or give up that may carry sentimental value.
At Pacific Northwest Family Law, our family law attorneys have helped hundreds of families ensure that the property is equitably and fairly distributed. We do so with a focus on your long-term success and goals.
You may also be interested in the following subjects related to property and divorce:
Alimony and Spousal Support
Divorce Costs and Process
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, October 2025.