Washington State Attorneys Home
Get Help & Answers Now!
Community Property and Divorce in Kent and King County: What You Need to Know
If you’re preparing for a divorce in Kent or anywhere in King County, it’s essential to understand how Washington’s community property laws govern the division of your marital assets and debts. Washington is one of a limited number of states that follows a strict community property system. This means that most property acquired during the marriage is presumed to belong equally to both spouses, regardless of whose name is on the account, title, or deed.
Misunderstanding the difference between community and separate property can lead to serious mistakes that affect your financial future. That’s why having a clear understanding of Washington law is so important during the divorce process.
In Kent:
- Community property includes nearly everything acquired during the marriage, such as wages, real estate, vehicles, investment accounts, and retirement benefits—even if only one spouse earned or purchased them.
- Separate property generally includes assets acquired before the marriage, or individually during the marriage by gift or inheritance. However, if these assets are commingled with marital property—such as placing separate funds into a joint account—they may lose their separate status.
It’s also important to remember that identifying which property is community and which is separate is only the beginning. Washington courts are required to divide property in a way that is just and equitable—meaning fair, even if not exactly equal.
Key Statutes Governing Property Division in Washington DivorceHere are the key Washington statutes that guide property division in Kent and King County divorce cases. Each statute includes an exact legal quote and a direct link to the full text.
1. RCW 26.09.080 – Disposition of Property and Liabilities
This is the cornerstone statute for how the court decides property and debt division during 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…”
Read the citation: RCW 26.09.080 – Disposition of Property and Liabilities
Factors considered include the length of the marriage, the type and value of the property, and the financial circumstances of both spouses.
2. RCW 26.16.030 – Community Property Defined
This law outlines the presumption that property acquired after marriage is jointly owned by both spouses.
“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
Unless one spouse can clearly prove otherwise, everything acquired during the marriage is considered community property.
3. RCW 26.16.010 – Separate Property of Spouse
This statute 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 citation: RCW 26.16.010 – Separate Property of a Spouse
Keep in mind that separate property can lose its legal protection if it’s mixed with community property in certain ways.
4. RCW 26.16.020 – Control and Management of Community Property
This law explains how each spouse can use or control 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
Although either spouse can generally act alone in managing community property, some transactions—like selling a home—still require both parties’ consent.
Frequently Asked Questions: Community Property in Kent and King County1. What exactly is considered community property in a Kent divorce?
In Kent, community property includes nearly all assets and debts acquired by either spouse during the marriage. This can include wages, savings, real estate, retirement accounts, business income, and even credit card debt—regardless of whose name is listed on the account or title. Unless proven otherwise, all property acquired during the marriage is presumed to be jointly owned under Washington law.
Learn more: King County Bar Association – Divorce & Property Division
2. How is community property divided in a divorce in King County?
Property division in Washington is based on what is just and equitable, not necessarily equal. The court examines factors such as the length of the marriage, each spouse’s financial condition, the nature and extent of both community and separate property, and each party’s 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 – Property Division
3. What happens to the family home in a Kent divorce?
The marital home is usually considered community property if purchased during the marriage using shared income. If one spouse owned the home prior to the marriage or inherited it, a portion may be treated as separate property. Courts in King County weigh fairness, children’s living arrangements, and each party’s financial ability to maintain the home.
Learn more: Washington Law Help – Dividing Property and Debts
4. How are marital debts handled in a Kent divorce?
Debts acquired during the marriage—such as mortgages, credit cards, and personal loans—are typically considered community debts, even if incurred by only one spouse. Courts divide both assets and debts in a way that is fair based on each spouse’s financial situation and ability to pay.
Learn more: King County Family Law Facilitator Program
5. What role does separate property play in community property division?
Separate property includes anything owned before the marriage or received individually by gift or inheritance. However, if this property has been commingled with marital assets—such as using inherited funds to pay off a joint mortgage—it may lose its separate status. The court reviews how the property was handled over the course of the marriage to determine whether it should remain separate.
Learn more: Washington Law Help – What is Community and Separate Property?
Dividing property in divorce is rarely simple—especially when your home, retirement, or long-term financial stability are on the line. If you're navigating a divorce in Kent or anywhere in King County, it's essential to have an experienced advocate who understands how local courts interpret Washington’s community property laws.
At the Law Offices of Jason S. Newcombe, we help individuals across Kent protect what matters most. Whether you’re focused on retaining your fair share of marital assets or ensuring separate property remains yours, our legal team is here to guide you through every step with clarity and strategy.
Schedule your free consultation today and start protecting your future with confidence.
