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Divorce and property division in Washington State, share of home equityWhen my husband and I married I sold my home and moved into his home. Now I am concerned that in the event of divorce, will I be entitled to any of the equity in the home where I currently reside and contribute to the household payments even though I am not on the mortgage? Would it be smart of me to put my name on the mortgage or in Washington State am I automatically entitled to some of the equity? Attorney answers (1)
What a spouse is entitled to depends on the specific facts of couple. Who is on the title of community property is not relevant. Moreover, even if a property is characterized as separate property, in a dissolution of marriage proceeding, the court has the authority to divide all assets and debts, whether separate or community, in a just and equitable manner.
In a divorce, the spouses generally may agree with each other how to divide assets and debts. Unless the agreement is so obviously unfair, the court likely will not intervene. The nonexclusive facts by which a court considers are in RCW 26.09.080 (Disposition of property and liabilities – Factors). The statutes can be found at: http://apps.leg.wa.gov/RCW/default.aspx?cite=26.09 . You may want to review your facts and options with an attorney. 3 people marked this answer as good
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