What to include as Community Property for an equitable division.

Asked about 4 years ago - Tacoma, WA

My husband has a divorce attorney and I cant afford one. We are suppose to take inventory of our personal property to make an equitable division.
I am not sure what all to include, or what a judge looks at, I need some advice on the following:

1) What about property that was owned by either party prior to our marriage that we still own?

2) What about property that was owned by either party prior to our marriage, but we sold during our marriage?

3) What about what my husband is referring to as replacement property--for example, he owned a camper prior to our marriage, we sold it during our marriage for $1500, we purchased a different "used" camper for $7750.00, so he feels the camper should

4) What about gifts to BOTH of us from his parents/family or my parents/family?

Attorney answers (1)

  1. Bruce Clement


    Contributor Level 19

    Answered . The general rules for your questions are: (1) Property acquired prior to the marriage normally remains separate property. (2) Separate property sold during the marriage remains separate if it is easily traced to other property (e.g., a $5000 car is sold, and the $5000 is used to buy a boat). (3) Proceeds from a sold item, which are used as a partial payment for another item, will sometimes (but not always) be credited upon dissolution of a marriage. (4) Gifts to the marital couple are normally considered community property,

    Caveat: There are exceptions to all these rules. It would be best to consult with an attorney.

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