Navigating Community Property and Divorce in Bellevue and King County

If you’re going through a divorce in Bellevue, understanding how community property laws work in Washington State isn’t just helpful—it’s critical. Washington is a community property state, which means nearly everything acquired during your marriage is presumed to be owned equally by both spouses. It doesn’t matter whose name is on the account or who signed the loan agreement—if it was acquired during the marriage, chances are, it’s considered shared.

In high-asset communities like Bellevue, where couples often hold complex portfolios of real estate, business interests, and retirement accounts, knowing the difference between community and separate property can help you avoid costly legal missteps—and protect what’s rightfully yours.

What’s the Difference Between Community and Separate Property?

Before the court can divide property, it must classify it. This classification shapes how real estate, pensions, debts, and investment accounts are distributed during divorce proceedings in King County.

• What is Community Property? It includes most wages, homes, savings accounts, investments, vehicles, and business income earned or acquired during the marriage, even if purchased in only one spouse’s name.
  
• What is Separate Property? It includes assets acquired before the marriage, or during the marriage by individual gift, inheritance, or bequest. That said, if separate property was commingled with community assets—like mixing inheritance funds into a joint account—it may lose its separate status.
  

And classification is only the beginning. Washington courts don’t simply split everything down the middle. Instead, they’re tasked with dividing both community and separate property in a way that is just and equitable.

Key Washington Statutes That Govern Property Division

Here are the primary Washington State laws that guide how King County family courts, including those in Bellevue, approach community and separate property during divorce. Each law is quoted exactly and linked for full context.

RCW 26.09.080 – Disposition of Property and Liabilities
This statute governs how courts divide property and debt during a divorce or legal separation.

“…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…”
Citation: RCW 26.09.080 – Disposition of Property and Liabilities

The court will evaluate the type and extent of all property, the length of the marriage, and each spouse’s financial condition when making its decision.

RCW 26.16.030 – Community Property Defined
This law creates the presumption that property acquired after marriage is shared equally.

“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.”
Citation: RCW 26.16.030 – Community Property Defined

Unless you can prove otherwise, property acquired during the marriage is treated as community property by default.

RCW 26.16.010 – Separate Property of Spouse
This statute defines property that remains individually owned.

“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...”
Citation: RCW 26.16.010 – Separate Property of a Spouse

Even so, separate property can become community property if it is blended or used in ways that benefit both spouses.

RCW 26.16.020 – Control and Management of Community Property
This statute outlines who can manage and make decisions about community assets during marriage.

“Either spouse or either domestic partner, acting alone, may manage and control community property…”
Citation: RCW 26.16.020 – Management of Community Property

While either spouse can typically control community assets on their own, major decisions—like selling a home—may still require joint consent.

Frequently Asked Questions: Community Property in Bellevue and King County

1. What counts as community property in a Bellevue divorce?
In Bellevue and throughout King County, community property includes nearly all assets and debts acquired by either spouse during the marriage. This includes wages, investment income, real estate, business profits, vehicles, and even credit card debt—regardless of whose name is on the title or account.

Unless you can prove an asset qualifies as separate property, Washington law presumes it belongs to both spouses equally.
Helpful resource: King County Bar Association – Divorce and Property Division

2. How does the court divide community property in a King County divorce?
Property division in Washington isn’t always 50/50. The law requires a just and equitable distribution, which allows the court to weigh multiple factors like the duration of the marriage, the value of each spouse’s separate and community property, and each person’s financial outlook post-divorce.

“…the court shall… make such disposition of the property and the liabilities… as shall appear just and equitable after considering all relevant factors…”
Review the citation: RCW 26.09.080 – Disposition of Property and Liabilities

3. What happens to the family home in a Bellevue divorce?
If the home was purchased during the marriage using shared funds, it’s typically considered community property—even if only one spouse’s name is on the deed. If the home was inherited or owned prior to marriage, it may be considered separate, or partially separate, depending on how it was used and maintained.

The court will often weigh who can afford to maintain the home and whether children are involved when deciding who retains it.
Helpful resource: Washington Law Help – Who Gets What in a Divorce?

4. Are debts also split during divorce in King County?
Yes. Debts incurred during the marriage—such as credit card balances, mortgages, student loans, or medical bills—are typically considered community obligations. The court will divide those debts based on fairness and each spouse’s ability to repay them.

Helpful resource: King County Family Court Facilitator Program

5. Can separate property be lost if it’s mixed with community property?
It can be. If a separately owned asset—like an inheritance or premarital savings—is mixed with joint accounts or used to fund shared purchases, it may be deemed “commingled” and lose its protected status. Courts will examine the source of funds, how they were used, and whether the intent was to keep them separate.

Helpful resource: Washington Law Help – Community vs. Separate Property

Talk to a Bellevue Divorce Lawyer Who Understands Community Property Law

Community property issues in Bellevue divorces often involve high-value assets, blended financial histories, and significant emotional stakes. Whether you're concerned about protecting separate property, negotiating a fair division of retirement accounts, or determining who keeps the family home, you need clear legal guidance grounded in Washington law.

At the Law Offices of Jason S. Newcombe, we’ve helped clients across Bellevue and King County navigate complex property division issues with clarity and strategy. Our team is here to help you secure a fair financial future—without unnecessary conflict.

Schedule your free consultation today to speak with a Bellevue divorce attorney who can help you understand your rights, protect your assets, and move forward with confidence.