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WA state divorce law, community and separate property fraud

Asked over 3 years ago - Seattle, WA

I have a situation where my wife convinced me to purchase a new home (the other home was paid for) then upon moving into the new home unbeknown to me she starts divorce proceedings, I was servred and force to leave. I have found out in the interim that she had been planning this divorce for two years. Is there a law against this?

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Attorney answers (2)

Perry A Warbrick

Reputation Level 9

Answered over 3 years ago. Contracts / Agreements Lawyer in Redmond, WA.

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The short answer is no. Property acquired during the marriage is generally considered community property and is subject to a just and equitible distribution in the dissolution (divorce). Just because your wife is living in the house now, does not mean that she gets to keep it though. It is probably community property and subject to division, including, possibly, forced sale.
With respect to your wife's plan to wait until you purchased the new house to file for divorce, it is probably not a factor either to the divorce (WA is no-fault) or to distribution of property. Your wife's earlier intent to file for divorce will not change the characterization of the property.
Perry Warbrick

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Yale Lewis III

Reputation Level 13

Answered over 3 years ago. Family Law Attorney in Seattle, WA.

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there is no law against planning out your divorce and convincing the other party to make what you think is a bad financial situation.

you just need to buckle down and get divorced. in most situations like this, the house needs to be sold because, while both parties together could afford the mortgage, neither party can do so individually.

if the new house has all of the equity of the old house, then you probably need a lawyer to get your share.

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