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Introduction: The Statutory Constructions of D.C.
Each jurisdiction across the country has its particular statutory framework for handling the property division phase of marital dissolution, and the jurisdiction of Washington, D.C. is no exception to that rule. Although Washington, D.C.’s statutory constructions are relatively similar to other constructions around the nation, D.C.’s laws have some peculiar features. In this post, we will dive into the particular statutory constructions of D.C. pertaining to property classification and property division.
The Definition of Marital Property under D.C. Law
Simply put, the property division process is all about assigning ownership of property (i.e. as either the separate property of one spouse or the joint property of both spouses), developing a valuation of jointly owned or marital property, and then developing a workable, equitable distribution of whatever property is characterized as either jointly owned or separate.
In D.C., the definition of “marital property” likewise mirrors other jurisdictions, but has certain unique facets. D.C. currently classifies the following property as marital: any real property held as “tenants by the entirety”; generally speaking, any property acquired during the marriage which doesn’t fall into any of the current exceptions, which include (a) obtained prior to the marriage, (b) obtained via inheritance or inter vivos (i.e. living) gift from an outside third party, or (c) any property which had already been designated as separate property by private, enforceable contractual agreement.
Among these exceptions, the really unique one is the rule pertaining to tenants by the entirety. This is unusual, and sets D.C. apart in many ways, as most other jurisdictions don’t specifically reference this type of co-ownership (we’ve discussed co-ownership in the past, but may return to this topic in future installments).
Importantly, all property – tangible personal property, intangible personal property, real property, etc. -- falls into these categories for purposes of property division. In other words, there aren’t specific types of property which are outside this process, and so parties need to be aware and plan ahead consistently.
The Property Classification Process
The principles of D.C.’s property classification are, as we see, relatively straightforward, but the process of actually applying those principles to real situations is not as simple. The reason is because all sorts of things may arise which cause complications. For example, property can be “commingled,” which means basically that it straddles both characters, marital and separate property. This might happen, for instance, when funds are held in a joint account, but those funds are actually the separate property of just one spouse. In those cases, property may literally be classified as having a dual or mixed nature, and the court will proceed with the distribution process accordingly. When property is divided, it may be split directly by the parties, or assigned to one party (i.e. a car or house may be sold, or may be titled in one spouse’s name post-divorce).
Remarks on D.C.’s Equitable Distribution Regime
After the court makes a full classification of all the property involved, the court will then proceed to an analysis of the marriage itself for distribution purposes. Because D.C. follows the principle of equitable distribution, marital property need not be divided equally, or 50% / 50% even, but instead may be lopsidedly distributed depending on the various behaviors and circumstances of the marriage. When examining the marriage, the court will look for familiar factors which are known to carry weight in this type of scenario: length of the marriage, spousal occupations, spousal educational levels, spousal monetary contributions to the marriage, employment prospects of both spouses, age, health, conduct during the marriage, the type of assets involved, and any other behavior or conduct deemed substantial by the court.
This is a key point to make: although these factors are known to hold weight, technically the court has wide discretion to develop whatever resolution is considered fair. The court evaluates each scenario independently to ensure that a truly just and equitable result occurs.
Contact the Murphy Law Firm for More Resources
Readers who want to know more about the differences between marital and separate property, property division, equitable distribution, dissipation of assets, or any other pertinent family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
