If you’re preparing for a divorce in Auburn, understanding how Washington’s community property laws work is more than helpful—it’s essential. Washington is a community property state, which means nearly all assets and debts acquired during the marriage are presumed to be jointly owned by both spouses. It doesn’t matter whose name is on the account, title, or loan—if the asset was obtained during the marriage, it is likely considered shared.
In communities like Auburn, where families may have accumulated real estate, retirement accounts, or business income over years or decades, understanding the difference between community and separate property can help prevent costly mistakes and protect your financial interests.
What’s the Difference Between Community and Separate Property?Before the court can divide property, it must determine how to classify it. These classifications shape how homes, investments, pensions, and even personal debt are divided in a King County divorce.
In Auburn, Community Property includes most wages, real estate, savings, vehicles, investment accounts, and business income acquired during the marriage, even if only one spouse’s name appears on the title.
In Auburn, Separate Property includes property owned before the marriage, or acquired during the marriage through gift, inheritance, or bequest. However, separate property may lose its protected status if it is commingled with marital funds, such as using inheritance money to remodel a jointly owned home or placing it into a shared account.
Importantly, classification is only step one. Washington courts are not required to divide everything equally—they must divide both community and separate property in a way that is just and equitable based on the couple’s unique circumstances.
Key Washington Statutes That Govern Property DivisionThe following Washington statutes guide how property is treated in King County family court, including divorces filed in Auburn.
RCW 26.09.080 – Disposition of Property and Liabilities
This law governs how the court divides assets and debts in a divorce.
“…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 complete statute: RCW 26.09.080
The court considers factors like the duration of the marriage, the extent of community and separate property, and each party’s financial circumstances.
RCW 26.16.030 – Community Property Defined
This statute explains that property acquired during the marriage is presumed to be jointly owned.
“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 complete statute: RCW 26.16.030
Unless proven otherwise, everything acquired during the marriage is considered community property.
RCW 26.16.010 – Separate Property of Spouse
This law defines what counts as separate property in a marriage.
“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 complete statute: RCW 26.16.010
Separate property may become community property if it is significantly mixed with marital assets.
RCW 26.16.020 – Control and Management of Community Property
This statute outlines how community assets may be managed during the marriage.
“Either spouse or either domestic partner, acting alone, may manage and control community property…”
Read the complete statute: RCW 26.16.020 – Management of Community Property
Although both spouses have equal rights, some major actions—such as selling or transferring real estate—still require mutual agreement.
Frequently Asked Questions: Community Property in Auburn and King County1. What is considered community property in Auburn divorces?
In Auburn and throughout King County, community property generally includes all assets and debts acquired by either spouse during the marriage. This may include income, real estate, retirement accounts, investment portfolios, vehicles, and even personal or business debts—regardless of who earned or signed for them.
Unless proven otherwise, Washington law presumes that all property acquired during the marriage is jointly owned.
Learn more: Washington Law Help – Community and Separate Property
2. How is community property divided in a King County divorce?
Property is not necessarily divided equally, but equitably—meaning fairly. Judges in King County will consider several factors, including the length of the marriage, each spouse’s financial position, future earning capacity, and contributions to the household.
“…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 complete statute: RCW 26.09.080
3. What happens to the family home during a divorce in Auburn?
If the home was purchased with marital funds during the marriage, it is usually considered community property. However, if one spouse owned it prior to the marriage, part or all of it may be classified as separate property. The court will also consider which spouse has primary custody of any children, as this may affect who is awarded the home.
Learn more: Washington Law Help – Who Gets What in a Divorce
4. How are debts divided under community property law in King County?
Debts—like mortgages, car loans, credit card balances, and student loans—are usually considered community liabilities if incurred during the marriage. Even if only one spouse signed for a debt, it may still be divided between both parties if it was used to benefit the household.
Learn more: King County Family Court Facilitator Program
5. What happens if separate property was mixed with community property?
When separate property—such as a premarital inheritance or personal gift—is combined with marital funds or used for joint purchases, it can lose its separate status. Courts will evaluate whether the original owner can trace and prove the asset’s separate origins. If not, the asset may be treated as community property.
Learn more: Washington Law Help – Community vs. Separate Property
Dividing assets and debts fairly is one of the most complex parts of any divorce—especially when emotions are high and the financial stakes are significant. Whether you’re trying to protect your separate property, divide retirement accounts, or figure out who keeps the home, the guidance of an experienced Auburn divorce lawyer can make all the difference.
At the Law Offices of Jason S. Newcombe, we help individuals throughout Auburn and King County navigate Washington’s community property system with clarity, strategy, and confidence. We’ll help ensure your financial future is protected—starting with a conversation about your rights.
Schedule your free consultation today to speak with an Auburn divorce attorney who understands how Washington community property law applies to your unique situation.