Division of Property & Debt

Questions About Property Division During a Divorce?

The St. Clair Law Office is a family law firm located just north of Everett, in Marysville, Washington. Our law office focuses on providing high-quality and cost-sensitive legal services in the area of family law and divorce — including disputes over the division of property and debt.

The St. Clair Law Office is led by Washington attorney Patricia Jo Nelson, a lawyer who has more than 20 years' legal experience, including 10 years spent focusing almost exclusively on family law cases.

Contact us to schedule your initial consultation.

Division of Property and Debt in Washington Divorce Cases

Washington state follows the law of "equitable distribution" when it comes to division of marital property and marital debt during a divorce. Equitable distribution means that the property settlement agreement must fairly divide the marital property and debt must be fair, but the distribution does not need to be 50-50.

What Does Equitable Distribution Mean? In Washington, division of marital property and marital debt occurs according to rules of equitable distribution. As an example, consider the case of a husband and wife who are divorcing after 32 years of marriage. The husband has been the sole income provider, and the wife has not worked outside of the home for 25 years. In such a case, a judge may be convinced to award a greater share of the marital property to the wife, so as to give her a chance to "get on her feet" after the divorce.

Division of Property Includes Division of Debt

In today's difficult financial times, many people are concerned about distribution of debt during a divorce. Just like property acquired during the marriage will be divided between the spouses, so too will marital debt.

Our law firm takes special care with clients facing difficult financial questions, such as:

  • Our home is worth less than our mortgage, who will get it? Should we sell the house? Who will have to pay the mortgage after we divorce?
  • The current value of my spouse's 401(k) or other retirement plan is terrible. Should I accept a payout now or negotiate a Qualified Domestic Relations Order (QDRO) that might give me a better payout in the future?

We are also well-equipped to advise spouses about the positive and negative consequences of filing for bankruptcy before, during or after a divorce.

Get More Information ∙ Schedule Your Confidential Consultation

If you are considering divorce and have concerns about the division of marital property or debt, contact the St. Clair Law Office to schedule a confidential initial consultation.

Call 866-690-0798 or 360-654-4925, or send us an e-mail for a prompt response.