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SB 5536

Momentum Bucket Viable
Legal Title AN ACT Relating to the just and equitable distribution of real property and liabilities in the dissolution of marriage or domestic partnerships;
Bill Description Concerning the just and equitable distribution of real property and liabilities in the dissolution of marriage or domestic partnerships.
What this bill does
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The bill adds a new section to chapter 26.09 RCW and amends RCW 26.09.080 so that in dissolution, legal separation, declaration of invalidity, and certain post-dissolution property proceedings the court must make a just and equitable disposition of property and liabilities without regard to misconduct, after considering specified factors. It explicitly allows either party to enforce a court order about disposition and ownership of real property and states that secured and unsecured creditors must follow the conditions set in such an order. The amendment lists factors the court must consider (including the nature and extent of community and separate property, the duration of the marriage or domestic partnership, and the economic circumstances of each party when the division becomes effective) and adds that the court should consider awarding the family home or a right to live there to the parent with whom the children reside the majority of the time. The changes also require the court, when dividing real property and liabilities, to consider division of disposition-related costs (for example, taxes, broker and agent fees, repairs) and to consider the potential for homelessness and provision of housing when deciding disposition of the family home. Legally, this creates a new statutory section and modifies an existing provision governing property division and enforcement in domestic relations cases; it is a substantive and procedural change to how courts must decide and enforce property orders, not a change creating new crimes or altering criminal penalties. Important details are missing from the extracted text: no effective date or section number is provided, enforcement mechanisms beyond permitting either party to enforce the order are not described, terms like “reasonable periods” are undefined, and it is unclear whether related amendments appear elsewhere.
Why it matters
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If enacted, people ending marriages or domestic partnerships will face clearer, enforceable court decisions about who keeps or must sell real property, and creditors with liens on that property will generally have to follow those court orders rather than take independent action. Courts will place less emphasis on misconduct and more on practical factors like who will live in the family home (with a tilt toward the parent who has the children most of the time), and they will explicitly divide sale-related costs such as taxes, broker fees, repairs, and other prep expenses between the parties. That means financial responsibility for fixing, listing, and paying fees related to a property is more likely to be assigned by the court, and one spouse could be allowed to remain in the home to reduce the risk of homelessness for children. Important details are missing from the text provided: there’s no effective date, no detailed enforcement procedures against creditors beyond saying they must adhere, and terms like “reasonable periods” for living in the home aren’t defined. How courts and creditors actually implement these changes will depend on later interpretation and any further guidance.
Official Documents View Full Bill Text
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SB 5536 Details and Bill Topics

Details

Date Introduced 01/28/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $371,010.53

Bill Topics

DOMESTIC RELATIONS
REAL ESTATE AND REAL PROPERTY

SB 5536 Sponsors and Committee Hearings

Sponsors

Senator Fortunato (Primary)

Committee Hearings

Hearing Senate Law & Justice (Public)
Hearing Senate Law & Justice (Executive)
Hearing House Civil Rights & Judiciary (Public)
Go to SB 5536 at leg.wa.gov

SB 5536 Bill Timeline

Viable
2/12/2026
SRules 3
Third reading, passed; yeas, 41; nays, 7; absent, 0; excused, 1.
2/5/2026
SRules 3
Placed on third reading by Rules Committee.
1/11/2026
SRules 3
By resolution, reintroduced and retained in present status.
4/26/2025
SRules 3
By resolution, returned to Senate Rules Committee for third reading.
3/13/2025
SRules 3
First reading, referred to Civil Rights & Judiciary.
3/11/2025
SRules 3
Third reading, passed; yeas, 46; nays, 2; absent, 0; excused, 1.
3/11/2025
SRules 3
Rules suspended. Placed on Third Reading.
3/6/2025
SRules 3
Placed on second reading by Rules Committee.
2/13/2025
SRules 3
Passed to Rules Committee for second reading.
2/12/2025
SRules 3
Minority; without recommendation.
2/12/2025
SRules 3
Minority; do not pass.
2/12/2025
SRules 3
LAW - Majority; do pass.
1/27/2025
SRules 3
First reading, referred to Law & Justice.

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