Dividing the marital property during a divorce proceeding can be very complex. Many people don’t understand their rights or what assets should be included in the “community property” pool that will be divided. If you have questions about asset division in a Washington divorce, be sure that you seek the advice of an experienced divorce lawyer.
With nearly 40 years of combined experience in divorce law, Clayton Spencer and Chris Sundstrom have represented clients all over Clark County and Southwest Washington with community estates valuing anywhere from a few thousand dollars to multi-million dollar cases. From uncontested to highly contested cases and low-asset to high-asset cases, you can count on us to provide thorough, results-oriented representation designed to put you in the best possible position as you move forward with the next phase of your life.
In any divorce, the court seeks a “just and equitable” division of the parties’ assets. The first step in the process is to identify the community property to be divided. Under the law, community property is defined as any property acquired by either spouse after the date of marriage. Anything either spouse owned prior to the marriage or living together is generally considered separate property.
Once the marital property has been identified, a fair value must be assigned to each asset in order to ensure a fair distribution. We have access to a number of valuation specialists who can help us assign the right value, as well as advise us on which assets might have the most potential to increase in value over time. Armed with this information, you will be in a better position to make decisions about which assets to fight for and which ones to let go.
Another issue that can arise in property division matters is commingling. If you paid for your spouse’s education or paid for a major home improvement with separate property money you inherited from a family member, for example, you may be entitled to a reimbursement in the property division settlement. When you hire our firm, Vancouver marital property division attorneys will cover these and any other pertinent issues with you so that we can provide the best possible representation throughout the process.
It is important to remember that Washington state law affords a court considerable discretion and power over the parties’ assets – both community and separate. Whether you are seeking a fair share of the property from your marriage, or looking to protect your separate property, consultation with one of our lawyers may be the best move you can make.
Contact our office today to talk to one of our attorneys about your asset division questions. We will give you an honest assessment of your case and help you understand your legal options. You can reach us by phone at 360-356-1710 or via e-mail. For your convenience, we accept Visa and MasterCard.