If you're preparing for divorce in Tacoma or anywhere in Pierce County, understanding how Washington's community property laws work is critical to protecting your financial future. Washington is a community property state, which means that nearly all assets and debts acquired during the marriage are presumed to be equally owned by both spouses.
This presumption applies regardless of whose name is on the bank account, title, or loan agreement. Property division can be one of the most contentious parts of a divorce, and any misstep in identifying or categorizing your assets could result in an unfair or legally unfavorable outcome.
What Is Community Property? In Pierce County divorces, community property includes:
Even if these assets are only in one spouse's name, they are still presumed to be shared unless proven otherwise.
What Counts as Separate Property? Separate property includes:
However, if separate property is "commingled" with community property (for example, an inheritance deposited into a joint account), it can become difficult to distinguish and may be treated as community property in court.
Washington Law Requires a Fair Division
Identifying which property is separate and which is community is only step one. Washington law doesn't require a strict 50/50 split. Instead, the law requires that property be divided in a way that is "just and equitable."
"...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: RCW 26.09.080 – Disposition of Property and Liabilities
Relevant factors include the length of the marriage, the financial circumstances of each spouse, and the nature and extent of the community and separate property.
Legal Definitions That Matter in Pierce CountyCommunity 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: RCW 26.16.030 – Community Property Defined
Separate Property Defined
"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: RCW 26.16.010 – Separate Property of a Spouse
Managing Community Property
"Either spouse or either domestic partner, acting alone, may manage and control community property..."
Read the citation: RCW 26.16.020 – Management of Community Property
This means that although each spouse has authority over community assets, some actions (like selling real property) may still require both parties' consent.
Frequently Asked Questions: Community Property and Divorce in Tacoma and Pierce County1. What qualifies as community property in Pierce County divorces?
Community property generally includes all assets and debts acquired by either spouse during the marriage. This includes income, real estate, vehicles, retirement accounts, and even credit card balances—regardless of whose name is on the title or bill. The law presumes all property acquired after marriage is jointly owned.
Learn more: Washington Law Help – What is community and separate property?
2. How is property divided in a Pierce County divorce?
Washington law requires that all property—both community and separate—be divided in a way that is just and equitable. While this doesn’t always mean a 50/50 split, the court considers factors like the length of the marriage, each spouse’s financial situation, and their future needs.
"...the court shall... make such disposition of the property and the liabilities... as shall appear just and equitable after considering all relevant factors..."
Read the citation: RCW 26.09.080 – Disposition of Property and Liabilities
3. What happens if one spouse owned property before the marriage?
That property may be considered separate, but if it was mixed with marital property—such as by depositing inherited money into a joint account—it may be reclassified as community property. The court will look at how the property was used and whether it retained its separate character.
Learn more: Washington Law Help – Separate vs. community property
4. Can one spouse manage or sell community property without the other's consent?
Generally, yes—but there are exceptions. While each spouse may control community property individually, certain actions (like selling real estate or withdrawing large sums) may require mutual agreement or court oversight.
“Either spouse... may manage and control community property...”
Read the citation: RCW 26.16.020 – Management of Community Property
5. How does the court handle debt in a Pierce County divorce?
Debts incurred during the marriage are usually considered community liabilities and are divided along with property. This includes mortgages, credit cards, car loans, and other shared obligations. The court considers who incurred the debt and each spouse’s ability to repay.
Helpful link: Pierce County Superior Court
Protect Your Property Rights in a Tacoma DivorceIf you’re divorcing in Tacoma or elsewhere in Pierce County, understanding your community and separate property rights is vital to protecting your financial stability. Missteps can result in the loss of valuable assets or unfair debt obligations—but the right legal guidance can make all the difference.
At the Law Offices of Jason S. Newcombe, we bring decades of experience to every case, helping clients throughout Pierce County safeguard their property and achieve fair outcomes in complex divorces. Whether your case involves real estate, retirement accounts, or business assets, we’re here to protect what matters most.
Contact us today to schedule your free consultation and begin moving forward with confidence.2/2