H-1205              _______________________________________________

                                                    HOUSE BILL NO. 733

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Barrett and Thomas

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to domestic relations; and amending RCW 26.09.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 8, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.080 are each amended to read as follows:

          In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital 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:

          (1) The nature and extent of the community property;

          (2) The nature and extent of the separate property;

          (3) The duration of the marriage; and

          (4) The economic circumstances of each spouse 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 having custody of any children.

As used in this section, the term "property" does not include future wages received subsequent to the dissolution or any rights or benefits to which either spouse has an expectancy of receiving which that spouse cannot transfer, sell, mortgage, or assign during life or devise or bequeath by will upon death.