wa-law.org > bill > 2023-24 > SB 5858 > Original Bill
In a proceeding for dissolution of the marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage or the domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner or lacked jurisdiction to dispose of the property, 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 including, but not limited to:
The nature and extent of the community property;
The nature and extent of the separate property;
The duration of the marriage or domestic partnership; and
The economic circumstances of each spouse or domestic partner at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse or domestic partner with whom the children reside the majority of the time.
When considering the just and equitable distribution of real property and liabilities, a court shall consider the equitable division of costs associated with the disposition of real property, such as taxes, broker and agent fees, repairs, and other costs related to preparing a property for sale.
When considering the disposition of the family home, a court shall consider the following:
The potential for homelessness of a spouse and children and the provision of housing if such a case is likely to occur; and
The value of the home for which it can be sold.