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A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50. This means the husband keeps what he brought to the marriage, the wife keeps what she brought, and the rest gets split between them equally.

Despite a name on a title, Washington presumes both spouses contributed to any assets acquired during the marriage, whether the case or not. This doesn't mean you split everything 50/50 in a divorce. Property equally acquired is subsequently equally distributed in divorce, in a fair, equitable fashion.

Washington is a community property state. Generally, all property (house, other real estate, car) a spouse gets during the marriage is community property. It belongs to both of you, even if only one of you is on the title. Each spouse's earnings during the marriage is community property.

A Petition, Declaration, and Order for Return of Property may be filed by any person whose property has been seized as a result of a search warrant or an arrest. The owner of the property may petition the court for return of their property whether or not a case has been filed with the court.

There's a mandatory waiting period of 90 days from the time you file until the judge can act on your case. Couples should use this time to negotiate the terms of the separation, including property division, financial issues, and child custody. If there are still disputed issues, the judge will decide for you.

If you have children, the court will look at who will get custody. That parent will probably get to keep living in the family home, if financially possible. The court may award that parent more property and fewer debts, especially if the other spouse cannot pay much child support.