Property distrib./divorce

AN ACT Relating to the just and equitable distribution of real 1
property and liabilities in the dissolution of marriage or domestic 2
partnerships; amending RCW 26.09.080; and adding a new section to 3
chapter 26.09 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 26.09 6
RCW to read as follows: 7
In a proceeding for dissolution of a marriage or domestic 8
partnership a court order issued regarding the disposition and 9
ownership of real property may be enforced by either party. Secured 10
and unsecured creditors must adhere to the conditions set forth in 11
the court order related to the disposition and ownership of real 12
property. 13
Sec. 2. RCW 26.09.080 and 2008 c 6 s 1011 are each amended to 14
read as follows: 15
In a proceeding for dissolution of the marriage or domestic 16
partnership, legal separation, declaration of invalidity, or in a 17
proceeding for disposition of property following dissolution of the 18
marriage or the domestic partnership by a court which lacked personal 19
jurisdiction over the absent spouse or absent domestic partner or 20
S-0144.2
SENATE BILL 5536
State of Washington 69th Legislature 2025 Regular Session
By Senator Fortunato
p. 1 SB 5536
lacked jurisdiction to dispose of the property, the court shall, 1
without regard to misconduct, make such disposition of the property 2
and the liabilities of the parties, either community or separate, as 3
shall appear just and equitable after considering all relevant 4
factors including, but not limited to: 5
(1) The nature and extent of the community property;6
(2) The nature and extent of the separate property;7
(3) The duration of the marriage or domestic partnership; and8
(4) The economic circumstances of each spouse or domestic partner 9
at the time the division of property is to become effective, 10
including the desirability of awarding the family home or the right 11
to live therein for reasonable periods to a spouse or domestic 12
partner with whom the children reside the majority of the time.13
(a) When considering the just and equitable distribution of real 14
property and liabilities, a court should consider the division of 15
costs associated with the disposition of real property, such as 16
taxes, broker and agent fees, repairs, and other costs related to 17
preparing a property for sale.18
(b) When considering the disposition of the family home, a court 19
should consider the potential for homelessness of a spouse and 20
children and the provision of housing if such a case is likely to 21
occur.22
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p. 2 SB 5536