Seattle and Tacoma Real Estate and Divorce Attorneys

Assisting clients in solving real estate disputes related to divorce

When divorcing spouses cannot agree on the division of real estate, the resulting disputes can be lengthy, costly, and emotionally charged. At the Dickson Frohlich, we understand how to minimize the costs and stress of real estate disputes in a divorce and still ensure that you receive a fair outcome. If you are facing a divorce and own real estate, PLEASE CALL ONE OF OUR OFFICES NOW AT (206) 621-1110 OR (253) 572-1000 FOR A FREE PHONE CONSULTATION.


What happens to the family home in a Washington divorce?

One of the most important assets to a married couple is usually the family home. You and your spouse likely carefully chose that real estate, and the home likely holds emotional as well as financial value. For this reason, one of the primary points of contention in a divorce is which spouse—if any—gets to keep the family home. If you and your spouse are unable to agree on the fate of the family home, the determination will be up to the courts.

Washington is a “community property” state, which means that even if only one spouse purchased the home during the marriage, the court will likely presume the home to be owned by both spouses. The court can examine many factors when dividing such property, including whether one spouse will have primary custody of any children and whether it is in the best interest of the children to remain in their family home. The court may order one of the following:

  • That one spouse retains ownership of the real estate and buys out the other spouse’s share.
  • That one spouse retains ownership of the real estate and awards the other spouse other types of community property, such as investments or other assets, to balance out the real estate.
  • That the real estate is sold and the spouses equitably divide any proceeds.

Solving real estate disputes on your own terms

Leaving real estate division determinations up to the judge can greatly increase the cost of your divorce and may cause significant delays as you argue it out in court. In order to limit costs and time spent on your divorce, we encourage alternative methods of dispute resolution. For example, mediation can provide a safe environment for you and your spouse to attempt to settle real estate disputes without turning to the courts. Additionally, pursuing a collaborative divorce under the Washington State Uniform Collaborative Law Act (Chapter 7.77 RCW) can help eliminate litigation as a solution to real estate disputes in divorce.

Contact a Seattle and Tacoma divorce attorney for assistance today

At the Dickson Frohlich, we will explore every option to solve real estate disputes in your divorce case and will always have your best interests in mind, including keeping the costs of divorce as low as possible.