In most cases, however, the court will award each spouse his or her own separate property.The court will award one spouse's separate property to the other only in unusual circumstances and only if doing so is found to be equitable under the circumstances.It is of great importance to the property division process that you and your spouse are aware of the existence, nature, and value of all marital ("community") and separate property.The financial value of property may be difficult to determine without the assistance of an expert appraiser, or sale of the property.
Your divorce attorney can help you determine whether you do have separate property, and how you can prove it to a court or other decision-maker should it become necessary.
The division of property is often one of the most contentious aspects of divorce in Washington.
For many people, property holds a substantial emotional and financial value.
This is not typical, and the court will usually try and make a "just and equitable" division without doing so.
The court generally will not consider any marital "fault" when dividing your property.