Property Division


A part of the divorce process, the Court can allocate the property and liabilities (debts) of the parties. The Court will make this allocation based on what is “just and equitable,” after consideration of all the factors. All property and liabilities are considered community or separate. This distinction may have an impact on the division. The factors considered by the Court include but are not limited to:

  1. The nature and extent of the community property;

  2. The nature and extent of the separate property;

  3. The duration of the marriage; and

  4. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

Prior to the entry of a final divorce order, the Court can also determine how property is used by the parties, by entering temporary orders. This may include a determination of who can remain in the family home, use of vehicles, service monthly bill, etc. The court can also issue a restraining order to protect property. Such an order can limit each party’s ability to move, take, hide, damage, borrow against, sell or try to sell, or get rid the property.

Family law litigation, including property division, can be emotionally difficult and complex. Decisions made about each step of the litigation can affect you for many years. We have years of experience helping our clients through the difficulty of family law and divorce actions and can help you through the process. Contact us today at (253) 838 – 3377 or email at office@bainslawfirm.com, to talk about your divorce.

Disclaimer: All materials provided on this website have been prepared by Bains Law Firm for general information purposes only and no representation is made as to their completeness or accuracy. Information on this website is not intended as legal advice, and may not be relied upon as such. Only an attorney who can review the unique facts of each case and apply them to the statutes, case law and court rules can provide legal advice. Nothing in this website shall be construed to create an attorney-client relationship.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.