Susan L. Caulkins’s Answers

Susan L. Caulkins

Tacoma Family Law Attorney.

Contributor Level 6
  1. My wife purchased our home before we married. I began paying half the mortgage 3 1/2 years ago. Is it community property?

    Answered almost 5 years ago.

    1. Elizabeth Rankin Powell
    2. Susan L. Caulkins
    3. Yale Lewis III
    3 lawyer answers

    You may be entitled to recovery of a part of the equity in the home, but that is not necessarily the case. If the house was purchased by your wife prior to marriage, and the underlying loan was in her name, the house remained her separate property. At most, your marital community became entitled potentially to a right of reimbursement via equitable lien (under the fairness test for the division of property) from the proceeds of sale. However, that right of reimbursement would not arise to...

    1 person marked this answer as helpful

  2. When is martial property stated at date of separation or date of divorce in Wa State.

    Answered almost 5 years ago.

    1. Susan L. Caulkins
    1 lawyer answer

    Under RCW 26.16.140, earnings and accumulations of spouses living separate and apart are the separate property of each as of the date of separation. The defunct date, typically the date of separation is the determining date for placing the label on property (or debts for that matter) as either community or separate. Once the Court puts a label on the particular property, however, as either community or separate, the Court has the discretion to do whatever it deems appropriate under RCW 26.09....

    1 person marked this answer as helpful

  3. Debts and Liabilities whats what in the court of law?

    Answered over 5 years ago.

    1. Susan L. Caulkins
    1 lawyer answer

    Under RCW 26.09.080, the Court is responsible for dividing your assets and debts (both community and separate) in a "just and equitable" manner upon evaluation of several factors balancing your comparative circumstances. It is not uncommon to state in the Petition for Dissolution/Legal Separation that the Court should determine the division of assets and/or liabilities at a later date, namely a trial. It is important for you to participate in the process, even if you ultimately reach a...

    1 person marked this answer as helpful

  4. How do I fill out an Ex Parte restraining order to keep my husband from moving assets before the divorce?

    Answered almost 5 years ago.

    1. Susan L. Caulkins
    1 lawyer answer

    The forms are available on line at no cost through the Office of Administrator of Courts. The Motion/Declaration for Ex Parte Restraining Order and Order to Show Cause, and of the actual Ex Parte Restraining Order and Order to Show Cause are found at http://www.courts.wa.gov/forms/. Then go to the section "Ending the Marriage - Temporary Restraining Order", and you will then find form WPF DR 04.0150 which is the Motion and WPF DR 04.170 which is the Order itself. The Pacific County Bar...

  5. How do I get my ex-husband to vacate the family residence awarded to me in final divorce order?

    Answered almost 5 years ago.

    1. Elizabeth Rankin Powell
    2. Susan L. Caulkins
    3. Steven Alan Fink
    3 lawyer answers

    Your best option it to comply with the eviction procedures of the Residential Landlord-Tenant Act (RCW ch. 59.18 and RCW 59.12), and issue the Notice to Vacate, as it is quick and cost-effective. The requirements of the Landlord-Tenant Act must be followed to the letter, so care needs to be taken in issuing an serving all notices and pleadings. Alternatively, depending upon the precise language in your Decree, you could ask the Court for relief through a contempt proceeding if the requirement...

  6. In wa state if both parties want a divorce how quick can they get a divorce?

    Answered almost 5 years ago.

    1. Susan L. Caulkins
    1 lawyer answer

    By law, RCW 26.09.030, 90 days must elapse from the date of filing the petition by the wife under these facts and service upon or acceptance of service by the other party (husband here) before a fully agreed divorce can become final, assuming that the paperwork is then in proper form and the parties have complied with all applicable procedures (many counties in Washington, for instance, require each parent to complete a mandatory parenting seminar in all cases in which children are involved and...