The Family Home and Other Real Estate in Washington State Divorce

Who Gets the Family Home?

For most families the family home is not only the primary asset, it holds sentimental value. Still other families have been able to expand beyond a first home into second homes and investment properties.

When it comes to real estate, Washington State Divorce law has particular rules that address the fairness and equity in dividing property so that it can continue to provide a place of resort and sustenance for the family. 

Real estate division is rarely simple. Mortgages must be paid. Titles must be transferred correctly. Refinances must be timed strategically. And decisions you make before filing–such as moving out, changing locks, or making improvements–can influence the way a judge views the case.

At Pacific Northwest Family Law, we approach real estate decisions with both strategy and practicality. We help clients understand their rights, protect their credit, evaluate affordability, and make smart choices about whether to keep a property, sell it, or negotiate a buyout. 

➡ For more general information, see our page Divorce in Washington State

Living Arrangements & Moving Out

Should I move out of the family home before filing for divorce?

Leaving the home before filing can create a temporary “status quo” that influences early custody and possession orders. If safety is not an issue, it’s wise to speak with an attorney first to plan the timing so the move doesn’t weaken long-term housing or parenting goals.

If I move out, does that mean I lose my rights to the house?

No single decision—such as moving out—determines ownership. Washington courts divide property based on community/separate character and equity under RCW 26.09.080, not who stayed in the home.

Can one spouse force the other to leave the home during divorce?

Acting alone, a spouse cannot for the other spouse to leave the home. But the Court often grants orders granting exclusive use of the home pending a final divorce resolution. This is done for safety, stability, and/or to reduce conflict.

Can a judge order one spouse to move out before the divorce is final?

Yes, but only through temporary orders based on safety, parenting needs, or conflict. These orders do not determine who ultimately receives the home. But these orders are also routinely granted.

Can I change the locks during separation?

No. Changing locks, called self-help, will likely be used against you as an act of undue influence or abuse. It is far better to work with an attorney to get appropriate court orders.

Ownership, Title & Mortgage Issues

What happens to the mortgage during divorce?

Both spouses remain liable for a joint mortgage until the loan is refinanced or paid off. Pending final result, one spouse is often given use of the home and one spouse is ordered to pay the mortgage. It could be the same spouse awarded the temporary possession, or it could be the spouse who does not have temporary possession depending on the relative resources of the spouses.

Who is responsible for the mortgage while the divorce is pending?

As far as the lender is concerned, both spouses are responsible to ensure the mortgage is addressed. But the court may order either spouse to pay the mortgage until final resolution. Missed payments harm both credit scores regardless of who lives in the home.

➡Learn more about how the court addresses finances at our page Temporary Orders

Does being on the title guarantee I get the house?

It does not. Title is not a determining factor, the Court looks to when, why, and how a house was bought, not whose name is on it. Title is only one factor. Courts look at community vs. separate property, contributions, and overall fairness under RCW 26.09.080.

What if only one spouse is on the mortgage—does that matter?

Yes and no. It does matter whose name is on the mortgage because it can be evidence of ownership. But it is not the most important evidence because the law has developed recognizing that there are many reasons to take one spouse off a mortgage, including improving favorable lending rates.

➡ Learn more at Property Division In Divorce

Do we have to refinance after divorce?

It is not a requirement to refinance, but it is the only way to remove one spouse from the obligation to pay the mortgage. That means it’s a good idea to do so and have deadlines as requirements in any final orders. These deadlines can be set for  months or years after the divorce is final to allow the spouse who wants to keep the home time to refinance. But the deadlines will then require the home to be sold if it cannot be refinanced to protect the spouse who is not awarded possession of the home.

Division of the Home (Equity, Buyouts, Sale)

How is home equity divided in Washington?

Division will depend largely on whether the home itself is considered separate or community property. In broad terms, community property is anything earned or acquired during the marriage; separate property is anything earned or acquired before marriage or received by gift or inheritance. Equity built on community property is also community property and is divided on equitably under RCW 26.09.080. The court may divide equity unequally if fairness requires it.

➡ See also Property Division for more information about how the courts will apply community property principles in divorce.

Can one spouse keep the house and buy out the other?

Yes. A buyout typically involves refinancing the mortgage, removing the other spouse from the loan, and paying their share of equity through cash, offsets, or other assets.

How does a judge decide who gets to keep the home?

Courts consider factors such as affordability, child stability, financial resources, and each spouse’s ability to refinance. Regardless of whether a spouse keeps the home, the division must be equitable, meaning that the other spouse will usually receive either additional property or a cash buyout of their share of the home’s value.

Can my spouse force me to sell the house?

A spouse cannot force a sale on their own, but the court can order one when neither party can afford the home or a buyout is impossible.

What if neither of us can afford the house?

If neither spouse can afford the home, it is likely that the home must be sold. Some factors for affordability will be spousal maintenance and child support. But chances are that if neither can afford the home on their own, that spousal maintenance and child support will not be enough to pay monthly mortgage payments.

How is the home’s value determined?

Value is usually based on a professional appraisal or market analysis. If the parties disagree, the court may appoint a neutral appraiser.

Separate Property, Mixed Funds & Tracing

What if I bought the home before marriage, is it still divided?

It could be. If your home is considered separate property, you will likely continue to keep ownership after the marriage. But during the divorce, the Court will look to community investment and improvements, the length of the marriage, and even what other property there is for division. All property is under the jurisdiction of the court when it comes to divorce.

➡ Learn more at our page Property Division

What if I used my separate funds for the down payment on the family home?

The division of property can be complicated. Part of devising property requires identifying what is community and what is separate property. If you used separate property as part of a down payment, you will be required to show that it was separate. And you might be able to recover that as part of the division of assets.

Can a premarital home become community property over time?

Yes. Significant community contributions, joint decision-making, or commingled funds can convert or create a strong community interest.

Selling or Refinancing During Divorce

Can we sell the house before the divorce is finalized?

Sales are possible but require mutual agreement or a court order to avoid violating restraining orders. Proceeds are typically held or divided according to temporary orders.

Can we refinance during divorce?

Yes, with both parties’ cooperation and court approval is needed. Lenders may require additional documentation until the divorce is final.

Do both spouses have to sign if we sell?

Yes, because community real estate cannot be conveyed without both spouses’ signatures under RCW 26.16.030.

What happens if my spouse refuses to cooperate with a sale or refinance order?

Courts can enforce compliance through contempt, appoint a special master, or sign documents on a spouse’s behalf under civil enforcement powers.

Rental Properties, Vacation Homes, & Land

How are rental properties divided in divorce?

Rental homes are valued, classified, and divided like any other asset. Courts may award one spouse the property and compensate the other through equity offsets or sale proceeds.

What happens to rental income during divorce?

This depends a little on whether the rental income is characterized as community or separate property. Rental income also is included as income for the purposes of child support and spousal maintenance.

Do tenants need to be notified if a landlord is divorcing?

Generally, no. But if a sale is ordered or property management changes, proper notice under landlord-tenant law may be required.

Buying a New Home Before Divorce Is Final

Can I buy a house before the divorce is final?

It is possible, but buying a house before the divorce is final can be more complex because property has not been fully divided yet. You would also likely need the Court’s permission to make the purchase and cooperation from your soon to be ex due to Washington’s community property laws.

Will buying a home affect support calculations?

That is not very likely. While debt and expenses can be a factor in determining spousal and child support, Washington State law focuses first on obligations to others rather than the ability to buy a new home. 

Valuation & Appraisals

Do we need one appraisal or two?

This depends on whether the parties agree on the value of the home. If the value of the home is an important issue, it is always best to get your own appraisal.

What if we disagree on the home’s value?

Disagreement on a home’s value is not uncommon. As with any property, you will need to provide evidence as to why you believe the home has a certain value. This may mean finding an appraiser with the best qualifications. Ultimately, a home is worth no more than what it can be sold for, so the market will often decide and a court will determine percentages of the proceeds that each spouse will receive.

Temporary Use of the Home

Can the court let one spouse stay in the home temporarily?

Yes. Temporary possession is common when children need stability or when one spouse has fewer housing options.

➡Learn more at our page Temporary Orders

Can temporary possession affect final division?

Temporary possession does not decide final ownership, but prolonged status quo can influence practical outcomes.

Domestic Violence or Safety Concerns

Can a victim of domestic violence get exclusive use of the home?

Courts can grant exclusive possession through protection orders under RCW 7.105. Orders may remove the abusive spouse immediately.

Tax & Financial Issues

What are the tax consequences of selling the home during divorce?

Capital gains rules may apply, but the IRS offers exclusions for primary residences. Timing and occupancy can affect eligibility.

Who gets the mortgage interest deduction?

It depends on who pays the mortgage and how the final order allocates the home. Tax counsel is often helpful in these decisions.

Post-Decree Enforcement

What happens if my ex refuses to sign the deed after the divorce?

Courts can sign the deed on their behalf or appoint a special master to transfer the property.

What if my spouse doesn’t refinance by the deadline?

Courts may impose sanctions, order sale of the home, or modify other obligations to enforce compliance.

Protecting Your Home and Your Future

The family home is often the single largest financial issue in a divorce, and missteps can be costly. Whether you’re trying to stay in the home, sell it, protect your credit, or preserve equity, the law gives you options; but each option requires timing, documentation, and a clear legal strategy.

At Pacific Northwest Family Law, we help you value property accurately, secure temporary possession when needed, negotiate buyouts, coordinate appraisals, and enforce refinance or sale deadlines. When conflict arises, we use the court’s enforcement tools to ensure orders are followed and your financial stability isn’t jeopardized.

Real estate decisions are foundational to your next chapter. We help you make them with clarity, confidence, and long-term stability in mind; so the place you live after divorce is a place you can build on.

 

Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law November 2025