Divorce can bring both emotional and financial uncertainty. If you're preparing to end a marriage in Olympia or elsewhere in Thurston County, one of the most important steps you can take is understanding how Washington’s community property laws work. These laws directly impact how your assets and debts will be divided during your divorce.
Washington is one of the few states that follows a community property system. This means that most assets or debts acquired during the marriage are presumed to be equally owned by both spouses, regardless of whose name is on the title, account, or contract. Misclassifying community versus separate property can have serious consequences, including the loss of valuable rights. Here's what you need to know.
What Counts as Community Property in Thurston County Divorces?Community property includes nearly everything acquired during the marriage by either spouse. This may include:
Even if an asset or account is held in one spouse’s name, it’s typically still presumed to be community property if it was acquired after the marriage began.
What Is Considered Separate Property Under Washington Law?Separate property generally includes:
However, if separate property is commingled—for example, if inheritance money is deposited into a joint bank account—it may lose its separate classification. The court will evaluate whether the asset can still be clearly traced or whether it has become part of the marital estate.
How Will the Court Divide Our Property?Identifying what is community and what is separate property is only the first step. Courts in Olympia and Thurston County are not required to split property 50/50. Instead, they must divide both assets and debts in a way that is just and equitable, meaning fair, based on the circumstances of your case.
Key Washington Statutes on Property DivisionEach of the following laws plays a central role in how property is handled in divorce proceedings throughout Thurston County:
RCW 26.09.080 – Disposition of Property and Liabilities“…the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors…”
Read the citation: Disposition of Property and Liabilities
The court evaluates factors like the duration of the marriage, the type and value of property, and each spouse’s financial circumstances.
RCW 26.16.030 – Community Property Defined“Property not acquired or owned as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.”
Read the citation: Community Property Defined
All property acquired during marriage is presumed to be shared unless proven otherwise.
RCW 26.16.010 – Separate Property of Spouse“Property and pecuniary rights owned by a spouse before marriage, and that acquired by him or her afterward by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse...”
Read the citation: Separate Property of a Spouse
Separate property can lose its protection if it becomes indistinguishable from community assets.
RCW 26.16.020 – Control and Management of Community Property“Either spouse or either domestic partner, acting alone, may manage and control community property…”
Read the citation: Management of Community Property
Spouses generally have equal authority over community assets, although certain transactions—like selling a shared home—may require mutual consent.
Frequently Asked Questions: Community Property and Divorce in Olympia and Thurston County1. What is community property in Washington, and how does it affect divorce in Olympia?
In Washington State, including Thurston County, community property includes most assets and debts acquired by either spouse during the marriage—regardless of whose name is on the title or who earned the income. This typically includes wages, savings, retirement accounts, real estate, vehicles, and business interests. The court presumes these assets are jointly owned unless proven otherwise.
Learn more: Washington Law Help – Community and Separate Property
2. How is community property divided in Thurston County divorce cases?
Washington law requires an equitable—not necessarily equal—division of property. Courts in Olympia look at the duration of the marriage, each spouse’s financial condition, the nature of the property, and future earning potential when making decisions.
Read the citation: Disposition of Property and Liabilities
3. What happens if my separate property was mixed with marital assets?
Separate property, such as an inheritance or pre-marriage savings, can become community property if it’s commingled. For example, if you deposit inherited money into a joint account or use it to renovate the marital home, the court may treat it as community property. The key factor is whether it can still be clearly traced and identified.
Learn more: Washington Law Help – What is Separate Property?
4. How are debts handled in a community property divorce in Olympia?
Debts acquired during the marriage—such as credit cards, mortgages, and loans—are typically treated as community debts. Even if only one spouse incurred the debt, it is generally a shared responsibility if it benefited the marital household. The court divides debt based on fairness and ability to repay.
Learn more: Washington Law Help – Debt Division
5. Can either spouse manage community property before or during divorce?
Yes. Under Washington law, either spouse can independently manage and control community property during the marriage. However, major transactions—such as selling the marital home—often require both spouses' consent.
Read the citation: Management of Community Property
Dividing marital assets and debts fairly is one of the most important—and complicated—parts of any divorce in Thurston County. Whether you're concerned about protecting your separate property, dividing your family home, or understanding how debt will be handled, legal clarity is essential.
At the Law Offices of Jason S. Newcombe, we help clients across Olympia navigate divorce with confidence and strategy. We know how local courts apply Washington’s community property laws, and we’re committed to securing results that protect your financial future.
Schedule your free consultation today and take the first step toward a secure and equitable resolution.