The planning strategy is to determine, before marriage, whether a party has a significant amount of premarital debt and, more importantly, how those debts are paid. Where a spouse has a significant amount of premarital debt, the couple should decide whether the law allows the debtor`s creditors to attack the non-debtor`s collective wealth. If common ownership of the spouse is available without a debtor, steps can be taken to protect the property. At least the couple should consider entering into a marital contract that clearly identifies and protects the assets separate from the non-debtor spouse. Separate property is not subject to debts or separate contracts from the owner`s spouse or national partner, and the owner of a separate property may manage, rent, sell, pass on, debit or give by the will of his or her spouse or national partner, without the consent or participation of his or her spouse or national partner.3 No. Washington is a non-lazy state of divorce. The court cannot verify which spouse « caused » the divorce when the property was distributed. It may be important to know whether your spouse has wasted marital property without your consent or has attempted to conceal property in court. For many, it is difficult to address only the issue of a marital agreement. This may indicate that a spouse does not believe it will work. It can be considered defeatist by nature. However, a conjugal agreement is intrinsically beneficial because it promotes open communication between the parties, so that each fully understands the expectations of the other. In addition, each party is confident of what to expect in the event of death or divorce.
This certainty alone can allow both parties to relax further and effectively improve the chances of a successful marriage. When objects belonging to separate and community property are combined in such a way that it is difficult to tell which objects are separated and which community are, the property is considered « kommingled ». Commingled property is considered a common property, unless a person can prove that the mixed objects are separate assets. For example, when spouses combine their segregated real estate funds with their community real estate funds into a single joint bank account, the funds in the account are mixed and considered common property.