For the sake of clarity, I need to make a couple of assumptions. First, I assume that you two have been together in some fashion for the last 27 years. Second, that 3 years ago (about) the two of you got married. Third, that you are now about to file for divorce. You ask if you can get "half" of all of the property. Maybe. You might get half. You might get more than half. You might get less than half. There are a number of factors that have to be considered. First, the statute says that the court is supposed to make what the court believes is a fair and equitable division of all of the property. Some of the factors that the court is supposed to consider in deciding what "fair and equitable" is include: the ages of the parties; the health of the parties; the work history of the parties; the education of the parties; the nature and extent of the separate and community property; and the duration of the marriage. Second, the courts deal with marriages differently depending on the duration of the marriage. The case law says that in a short term marriage (less than 7 years), the court is, to the extent practicable, to put the parties back into the positions they were in just prior to the marriage. So, if we only look at your 3 year marriage, this would be a short term marriage, and you might well end up with less than half of the property that is out there. Further, only the property accumulated during the 3 years of marriage would count as community property. Third, in Washington, there is a thing called a "meretricious relationship." There are a number of technical requirements that have to be met before a court would say that you are in a meretricious relationship. If you meet all of the technical requirements of a meretricious relationship, this could be to your advantage. That is because the court then considers (for property division purposes) the entire 27 years of the relationship and not just the last 3 years. All of the property accumulated during the relationship would be what is called "quasi-community" property. This could definitely be to your advantage. Because the requirements for a meretricious relationship are technical, and because the difference could be quite large, you should hire an attorney to represent you with your situation.
Answered on Jul 06th, 2011 at 2:57 PM