As of 2026, there are nine states in the nation that follow community property laws, this includes Washington. Under this property division principle, all marital assets and debts acquired by either spouse are to be divided equally in a divorce.
To help explore this topic further, here are two factors about Washington State’s property division processes that you should know about:
Understanding community property
Community property refers to any type of asset and debt that you and your spouse have acquired over the course of your marriage. Eight examples of this include:
- Personal property
- Real estate property
- Earned income from employment
- Debts and loans
- Joint bank accounts
- Stocks and bonds
- Retirement accounts
- Business properties
While community property states are guided by a 50/50 split of marital property, the Washington courts use a “just and equitable” principle to divide marital property. In this process, a judge will seek to divide you and your spouse’s marital property fairly, instead of equally.
Understanding separate property
Separate property refers to any type of asset and debt that either spouse owned before marriage. This also includes inheritances, personal injury awards and gifts. Generally, your separate property is not included in your divorce’s property division process.
However, if either of you has used a “separate property” to fund or improve a “marital property,” that specific property will become community property.
Protecting what matters the most
When you learn how the state divides marital assets and debts, you can safeguard your rights by collaborating with a lawyer who can assess your case and help guide you towards making informed decisions that can protect your best interests.
