Horenstein Family Law Blog
Yours Mine Ours - Maybe
Posted: April 19, 2010
Community property is the house you and your spouse purchased together with money that is clearly community (wages or bonus income earned from work you did during the marriage) after you married, as well as the car you purchased together, the antique furniture, the baseball card collection, and the Google stock.
Separate property is the house you alone inherited from your great uncle, the car you bought before you married or lived with your partner/spouse, the Star Wars memorabilia you collected as a child, the car you bought before you married or formed a domestic partnership as well as your prized record collection and iTunes 1000 song library.
However, why do people need legal advice to divide community and separate property? Legal advice is necessary if you and your partner or spouse do not agree that certain pieces of property are community or separate. For example, your partner/spouse may say that the community property house was entirely purchased with the $100,000 inheritance money or the non-owner spouse of the Star Wars collection (now worth $25,000) was given away to him or her by the owner partner/spouse out of love and affection. Your partner/spouse may believe the car you purchased before you became a couple is hers now because you let her drive it for years, refinanced the car loan in her name, put her name on the title of the car when you refinanced it which may affect the characterization of the property as community or separate.
How you use the property, as well as how it is titled, are just two of the issues that MAY affect the community / separate property characterization.
Each case is different and the facts drive the analysis. That is why consulting with an experienced family law attorney is usually helpful if only to determine the issues you may face when dividing community and separate property.
Disclaimer: This blog is written and published by The Scott Horenstein Law Firm and primarily written by Dru S. Horenstein for educational purposes only, i.e. to give information and a general understanding of Washington family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Dru S. Horenstein is licensed to practice law in the State of Washington only.
You should not use the information in this blog to determine how your own legal case would be resolved. Every legal case is different and the smallest difference in facts between one case and another can alter the outcome and affect the legal advice you would receive from an attorney retained to represent you.
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Some material contained in this blog is general in nature and may not reflect the current laws of the State of Washington. The author of this blog does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.
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The Scott Horenstein Law Firm, PLLC provides experienced legal counsel to clients with family law and personal injury needs in Washington. Our office is located in Vancouver and assists clients in Vancouver, Camas, Battle Ground, Ridgefield, La Center, Amboy, Yacolt, Washougal, Woodland, and throughout Clark County, Washington. Call Today For An Initial Consultation: 360-699-1530.
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