Who Gets the House in a Divorce in Washington State?

Every decision matters in a divorce, but few are more important than who gets to keep the family home. Since a house can’t simply be split 50/50, the division of this asset can get pretty complicated and even contentious. In the state of Washington, community property laws and numerous other factors determine which spouse gets the house.

The team at Hodgson Law Office has seen hundreds of these cases play out, and we can put our knowledge to work for you. As Spokane divorce lawyers with years of experience handling property division in divorce cases, we want you to understand what could happen to your family home and why.

Washington's Community Property Laws and Your Home

Washington is a community property state, which means that assets and debts acquired during the marriage are typically considered jointly owned. When it comes to your home, this means:

• If you purchased your home during your marriage, it's generally considered community property.
• If one spouse owned the home before marriage, it may be considered separate property or community property, depending on various factors.
• If the home was inherited or gifted specifically to one spouse during the marriage, it might remain separate property.

RCW 26.16.030 explains the management and control of community property during marriage.

How Courts Decide Who Gets the House

In Washington, courts don't automatically split community property 50/50. Instead, they aim for a "just and equitable" division in accordance with RCW 26.09.080. When deciding who gets the house, courts consider the following factors:

• The length of the marriage: Longer marriages typically involve more intermingled finances.
• Custody of minor children: The parent with primary custody is more likely to keep the family home.
• Financial circumstances: Income disparities and either spouse's ability to afford the mortgage alone are significant factors.
• Age and health: A spouse’s health concerns could make staying in the home more important.
• Contributions to home value: One spouse may have contributed more to renovations, maintenance, and mortgage payments during the marriage.
• Separate property contributions: One spouse may have covered the down payment or gained equity before the marriage.

In most divorces, the marital home is just one of many assets that will be divided. This means that the spouse who gets the house may receive a smaller share of other assets.

Common Scenarios: Who Usually Gets the House?

In most divorces, either one spouse keeps the family home or the home is sold. Here’s how these scenarios typically unfold.

One Spouse Keeps the Home

The court often awards the house to one spouse when:

• There are minor children involved: To maintain stability for children, the custodial parent often keeps the home.
• One spouse cannot afford to make mortgage payments: The higher-earning spouse might keep the home.
• One spouse has a strong attachment to the property: This may include a home that was adapted to accommodate a disability.
• The home is separate property: One spouse owned the home before the marriage, and the other spouse never contributed financially to it.

When one spouse keeps the home, they might have to buy out the other spouse's equity. This can be done through:

• A cash payment equal to half the equity
• Giving up other assets of equivalent value
• Taking on more debt to offset the equity in the home

Usually, the spouse who keeps the home will refinance the mortgage in their name only.

The Home Is Sold

Courts commonly order the home to be sold when:

• Neither spouse can afford to maintain the home individually.
• Both spouses want to move on and start fresh.
• Significant debt is tied to the property.
• Keeping the home would be financially irresponsible for either party.

Here’s a breakdown of some typical divorce scenarios, along with potential outcomes.

Property Division Checklist

Gather these documents before your legal consultation to help your lawyer determine who will keep the house:

• Mortgage documents showing current balance and who's on the loan
• Property deed showing legal ownership
• Home appraisal or market analysis showing current value
• Documentation of down payment source (especially if from separate funds)
• Records of home improvements and who paid for them
• Financial statements showing your ability to maintain the home
• Proof of your separate property claim, if applicable

This is a starter checklist to help you organize your case, and it’s okay if you can’t find every document. For a comprehensive approach to property division, download our Washington Divorce Property Division Guide.

What If We Can't Decide Who Gets the House?

When spouses can't agree on who should keep the home, the court will make the decision based on Washington's community property laws. However, before reaching that point, it’s best to try another solution that will give you more say over the outcome:

• Collaborative divorce: Work with professionals to find solutions outside of court.
• Mediation: A neutral third party can help you and your ex reach an agreement.
• Co-ownership: In rare cases, ex-spouses continue to co-own the property for a predetermined time.

Co-ownership might be viable if it’s the most practical way to allow your children to stay in the home while they are still in school, for example.

Special Circumstances That Affect Who Gets the House

While Washington follows community property principles, certain situations can significantly impact who gets the house in a divorce.

When the House Is Separate Property

If one spouse owned the house before marriage, it may remain separate property. However, this isn’t guaranteed. Under Washington law, separate property can become partially or fully community property if:

• Community funds were used for mortgage payments.
• Both spouses contributed to significant improvements.
• The other spouse's name was added to the title.
• Separate and community funds were regularly “commingled”, or combined.

Often, any existing equity at the time of the marriage is considered separate property, but the equity gained after that is community property and subject to division. This is especially likely if both spouses worked and contributed to mortgage payments after getting married.

When There's a Prenuptial Agreement

A valid prenuptial agreement can override Washington's community property laws. If your prenup addresses the house specifically, a court will generally honor its terms unless it finds them to be unfair or improperly executed.

When Domestic Violence Is Involved

In cases involving domestic violence, courts prioritize the safety of abuse victims and their children. Under RCW 26.09.191, a history of domestic violence can significantly impact property division decisions, often resulting in the victim retaining the family home.

Get Qualified Legal Help with Property Division

Determining who gets the house in a Washington divorce involves complex legal and financial considerations. At Hodgson Law Office, our experienced Spokane divorce lawyers can help — whether you hope to keep your home or want to make sure that home equity and other assets are fairly divided. Contact us today for a consultation tailored to your specific situation.