Dividing assets during a divorce can be a contentious process, especially when it comes to the family home. In Washington, as a community property state, property division follows specific rules designed to ensure fairness, but "fairness" doesn’t always mean a 50/50 split.



At Johnson Law Firm, P.C., we provide legal assistance to the Spokane public, helping individuals navigate the complexities of property division in Washington divorces.

Understanding Community Property in Washington

In Washington, all assets acquired during the marriage are considered community property, which means they are jointly owned by both spouses. The family home typically falls under this category unless it was:

• Purchased by one spouse before the marriage.
• Inherited or gifted specifically to one spouse and kept separate.

Even if the house is separate property, its status can become complicated if marital funds were used for mortgage payments, renovations, or upkeep.

Factors That Determine Who Gets the House

The court considers several factors when deciding who gets the house in a divorce, including:

1. Best Interests of the Children

• If the divorcing couple has children, the court may prioritize awarding the house to the parent who will have primary custody to minimize disruption to the children’s lives.

1. Financial Circumstances

• The court evaluates each spouse’s ability to maintain the home, including paying the mortgage, taxes, and upkeep.

1. Equity and Buyouts

• If one spouse wishes to keep the home, they may need to buy out the other spouse’s share of the equity. Alternatively, the home may be sold, and the proceeds divided between the spouses.

1. Contributions During the Marriage

• The court may consider each spouse’s financial and non-financial contributions to the home, such as mortgage payments, renovations, or caregiving efforts.

1. Separate Property Claims

• If one spouse can prove that the home was acquired as separate property or that they contributed separate funds, this can influence the decision.

Options for Dividing the Home

1. Sell the House

• Selling the home and splitting the proceeds is a common solution when neither spouse can afford to keep the house or when it’s the most practical choice.

1. One Spouse Keeps the House

• One spouse may retain ownership by refinancing the mortgage to remove the other spouse’s name and compensating them for their share of the equity.

1. Co-Ownership

• In rare cases, ex-spouses may agree to retain joint ownership, often for the sake of the children, until a later date when the house is sold.

How Johnson Law Firm, P.C. Can Help

At Johnson Law Firm, P.C., we:

• Analyze your unique circumstances to advocate for a fair division of assets.
• Help you negotiate agreements regarding the house to avoid prolonged disputes.
• Represent you in court to ensure your rights are protected during property division.

Contact Us Today

If you’re going through a divorce in Spokane and are concerned about who will get the house, contact Johnson Law Firm, P.C. for experienced legal assistance. Let us help you navigate this challenging process and achieve a fair resolution.