Is Washington a community property state?

1. Dividing property at divorce

   The court disposes of the spouses' property and debts, community or separate, as appears just and equitable after considering all relevant factors, without regard to misconduct.^[1]

   “the court shall, without regard to misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors”^[1]

   RCW 26.09.080 · checked October 26, 2026

2. Community property

   Property acquired after marriage (or registration of a domestic partnership) by either or both spouses or partners is community property, unless it is separate property under RCW 26.16.010 or 26.16.020.^[2]

   “Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.”^[2]

   RCW 26.16.030 · checked October 26, 2026

3. Separate property

   Property a spouse owned before marriage, and property acquired afterwards by gift, bequest, devise, descent or inheritance, with its rents, issues and profits, is that spouse's separate property.^[3]

   “Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse …”^[3]

   RCW 26.16.010 · checked October 26, 2026

Not legal advice. Plain-English summaries of Washington’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Washington.