Washington is one of a few remaining community property states in the country, which means items considered marital property are generally split equally. According to Washington law, marital (or community) property is that which was acquired by either party during the course of the marriage, with some exceptions.

Is WA state a common law state?

Does Washington State have common law marriage? No. To have a valid marriage here, you must have a marriage license (RCW 26.04.

What is the difference between a common law state and a community property state?

In common law property states, each spouse is a separate entity. They can own property independent of any interest in the other spouse. In community property states, because the property can’t be “separately” owned, the property is exposed to the liabilities and creditors of both spouses.

What states do not recognize common law?

States Previously Allowing Common Law Marriage

  • Pennsylvania: No common law contracted after Jan.
  • Ohio: No common law if entered into on or after Oct.
  • Indiana: No common law if entered into after Jan.
  • Georgia: No common law after Jan.
  • Florida: No common law entered into after Jan.
  • Alabama: No common law after Jan.

How does community property law work in Washington State?

Washington law starts with the assumption that property owned by the couple is community property. If one spouse claims the property should be classified as separate property, they must first prove it is not community property in order to change the law’s default assumption.

What’s the difference between common law and community property?

The non-community property states or separate property states characterize property earned by a wife or husband as her or his individual separate property. Similarly one may ask, what is the difference between a common law state and a community property state? In common law property states, each spouse is a separate entity.

How does common law marriage work in Washington State?

Because Washington doesn’t allow common-law marriage, the division of property can be tricky. In these cases, the courts only divide assets and debts in instances of committed intimate relationships. Once established, the courts split property similar to how it would in a divorce, though with some differences.

What are the community property laws in California?

California is a community property state, which means the law presumes all property acquired during the marriage is owned equally by both spouses. As a result, the court will divide marital property equally if spouses later divorce. The length of your marriage does not affect the division of assets and debts.