Community Property and Divorce in Everett and Snohomish County: What You Need to Know

If you’re going through a divorce in Everett or anywhere in Snohomish County, it’s critical to understand how Washington State’s community property laws apply to your marital assets and debts. Washington is one of just a few states that follows a community property model, meaning that most property acquired during your marriage is presumed to be jointly owned by both spouses, regardless of whose name appears on the title, deed, or account.

Misunderstanding the difference between community and separate property can have serious financial consequences. For individuals in Snohomish County, a firm grasp of these legal distinctions can help you protect your financial future and avoid disputes during the divorce process.

• Community property includes almost everything acquired during the marriage—such as income, real estate, retirement accounts, business profits, and vehicles—even if only one spouse earned or purchased them.
  
• Separate property typically includes assets obtained before the marriage or received during the marriage as a gift or inheritance. However, separate property can lose its status if it is commingled with community property. For example, depositing inheritance money into a joint account may convert it into community property.
  

Identifying community versus separate property is only the first step. Washington law requires that all property and debt be divided in a just and equitable manner—not necessarily 50/50, but fair based on the facts of the case.

Here are the primary Washington State laws that guide how property is divided in Snohomish County divorce cases. Each quote is exact, and links are provided to view the full statutory language.

1. RCW 26.09.080 – Disposition of Property and Liabilities
This is the main statute courts rely on when dividing marital property and debt during 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 citation: RCW 26.09.080 – Disposition of Property and Liabilities

Courts will evaluate the nature and value of property, the length of the marriage, and the financial situation of each spouse.

2. RCW 26.16.030 – Community Property Defined
This statute creates the default assumption that all property acquired during marriage is 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 citation: RCW 26.16.030 – Community Property Defined

If you acquired property after marriage, it is presumed to be shared unless proven otherwise.

3. RCW 26.16.010 – Separate Property of a Spouse
This law defines what qualifies as separate property.

“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

Separate property can be preserved, but it must be kept distinct from community property to maintain its status.

4. RCW 26.16.020 – Control and Management of Community Property
This statute outlines how spouses may manage community assets during the marriage.

“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

While both spouses have equal rights to manage community property, certain decisions—like selling a home—require mutual consent.

1. What exactly is considered community property in Everett?
In Snohomish County, community property includes nearly all assets and debts acquired during your marriage. This encompasses wages, investment accounts, real estate, vehicles, pensions, and even credit card debt—regardless of whose name is listed.

Unless proven otherwise, Washington law presumes that all property acquired during marriage is community property.
Learn more: Washington Law Help – Dividing Property and Debts

2. How is community property divided in a Snohomish County divorce?
Courts in Snohomish County are required to divide both community and separate property in a way that is just and equitable, which may not be an exact 50/50 split. Judges consider several factors, including 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 to the family home in a Snohomish County divorce?
If the home was purchased during the marriage with shared income, it is likely considered community property. If it was owned by one spouse before the marriage or acquired through inheritance, that portion may remain separate. Courts may award the home based on fairness, financial feasibility, or parenting arrangements.

Learn more: Washington Law Help – Who gets what in a divorce?

4. How are debts divided in a community property divorce in Everett?
Debts—including mortgages, credit cards, and medical bills—acquired during the marriage are presumed to be shared obligations. Courts in Snohomish County aim to divide both assets and liabilities fairly, taking into account each party’s ability to pay.

Learn more: Snohomish County - Family Law Resources

5. What role does separate property play in the division of community property?
Separate property, such as assets owned before marriage or received as a gift or inheritance, generally remains with the original owner. However, if that property has been commingled with marital assets—such as by placing funds into a joint account—it may lose its separate status.

Learn more: Washington Law Help – What is separate property?

Dividing property during divorce can be one of the most financially impactful and emotionally complicated parts of the process—especially when the stakes include real estate, retirement accounts, or debt. In Snohomish County, understanding how community property laws apply to your situation is critical to protecting your assets and planning your future.

At the Law Offices of Jason S. Newcombe, we help clients across Everett and greater Snohomish County navigate the complexities of divorce with clarity, strategy, and personalized guidance. Whether you're protecting separate property or pursuing a fair division of community assets, our team is here to advocate for your financial interests every step of the way.

Schedule your free consultation today and take the first step toward securing what matters most.