If you are going through a divorce in Everett, Washington, you may wonder who will keep the family home. The answer depends on the circumstances of your marriage, how you acquired the home, its value and equity, and each spouse’s financial situation.
Washington is a community property state, but that does not mean a house is automatically divided 50/50 or that the spouse whose name appears on the deed automatically keeps it. Washington courts divide property and debts in a manner they consider just and equitable.
How Washington treats the family home
Generally, property acquired during a marriage is presumed to be community property. A home purchased during the marriage may therefore be subject to division in a divorce, even if only one spouse is listed on certain documents. Property owned before marriage, received as an inheritance or gift, or acquired with separate property may have a different classification.
The court can consider both community and separate property when determining a fair division. Relevant factors include:
- How long you were married
- The nature and value of the community and separate property
- Each spouse’s economic circumstances
- Whether children primarily live with one spouse
- Whether it makes sense for the children to remain in the family home
Washington law specifically allows a court to consider awarding the family home, or the right to live there for a reasonable period, to the parent with whom the children reside most of the time.
What can happen to the house?
Keeping the house does not necessarily mean keeping all of its equity. Depending on the circumstances, spouses may agree to several possible arrangements.
One spouse keeps the home
One spouse may receive the home while the other receives other assets to balance the overall property division. The spouse keeping the home may also need to refinance the mortgage or otherwise address the other spouse’s financial interest.
The spouses sell the home
If neither spouse can reasonably afford the home or they cannot agree on who should keep it, selling the property may be an option. The parties can then address the proceeds as part of the overall property division.
One spouse stays temporarily
In some cases, a spouse may remain in the home for a period of time, particularly when children live primarily with that parent. The court considers the family’s circumstances when determining an equitable arrangement.
Get advice before agreeing to give up the house
If you are divorcing in Everett or elsewhere in Snohomish County, do not assume that the deed, mortgage or who made the down payment alone determines who gets the house. The classification of the property, available equity, other marital assets and your family’s circumstances can all affect the outcome.
A Washington family law attorney can review your situation and help you understand your options before you agree to a property division or sign a settlement.