Dividing Vacation Property During Divorce
When the day comes that you discover you’ll be moving forth with a divorce, it is only natural that myriad things will run through your head. That said, one thing that initially escapes your train of thought could be your vacation property.
Yes, that same vacation property that hopefully you and your soon-to-be former spouse enjoyed going to on occasion. With a pending divorce, just who will get that prized possession?
In working with an experienced high-asset divorce attorney, he or she can guide you in making your claim to have at least half of the property in terms of utilizing it during the year.
Your Attorney Will Tell You Washington Is A Community Property State
Given Washington State is a community property state, note that any property gained by either spouse from start to finish of the marriage is considered community property.
With that being the case, your divorce attorney in Seattle can fight for you in hopes of making sure you do not lose out on the property that you either fully or partially invested in. Keep in mind that the court will also take into consideration the idea of separate property that is the property that you had individually prior to becoming a husband or wife to your partner.
In order to best position yourself in terms of holding on to any vacation property you have, be sure to discuss the following with your divorce attorney:
- How the property came about – First and foremost, how did you come to end up having the vacation property in the first place? If you inherited it, it can be looked upon as something that is yours, though your marital status at the time of inheritance will be factored in too;
- Will your partner take money for their half? – If the vacation property was acquired during your marriage, consider asking your partner if they will allow you to pay them a fair amount of money so that the property is solely yours moving forward. If that is a consideration, once again, this is why an attorney in your corner is necessary;
- Sharing the property – Lastly, there is always the possibility that you will have an amicable divorce, one whereby both parties use the property at designated times. In some cases, this might be the best solution. Not only does it prevent the court from divvying up the property, but it can have a positive impact overall on your divorce proceedings.