All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names.

An estate tax lawyer is an attorney holding mastery and wide knowledge about tax issues. This attorney works towards providing affordable assistance to its clients and also takes care of all the tax issues and complications on behalf of the client. One can easily get a tax lawyer. One also does not require paying a good amount of money to the lawyer.

A client needs to make frequent and close visits to the lawyer. The client can effectively talk to the lawyer and converse about current tax related queries and problems through phone, email or fax.

Buying a house is a complicated legal process. There is a significant amount of costly paperwork involved. And unfortunately there are no short cuts. In fact, if all the boxes are not ticked properly when you’re buying, it can make it harder for you to sell your home in the future. There is a significant amount of costly paperwork involved. And unfortunately there are no short cuts. In fact, if all the boxes are not ticked properly when you’re buying, it can make it harder for you to sell your home in the future.

Property law is not fun. And finding the right legally-qualified person to help you can also be a minefield. It’s known within the legal industry that there are more claims against solicitors for things going wrong during a property purchase than with any other branch of law.