In a common law state, for example, if one spouse purchases a car or a boat and has their name exclusively on the title, the car or boat belongs to that individual. Washington is a community property state, which means that virtually all assets and debt acquired during the duration of a marriage are considered marital property, and are thus divided equally between the spouses in the event of a divorce. Separate property is exactly what it sounds like: the separate assets owned by each spouse before marriage. (In Alaska, spouses can sign an agreement making specific assets community property.) Community property in the state of Washington automatically transfers to the surviving spouse without having to go through probate. Generally speaking, community property is all the stuff the couple jointly amassed during the marriage. That is because homes that are in this category are not always fully owned by the person who owns it. In a community property state, all property and all debt accumulated during the course of a marriage including income of both spouses is presumed "community property" belonging to both spouses. Early on, western states adopted community property regimes in order to entice women to move out west. As of today there are nine community-property states: Arizona Idaho, Louisiana Nevada, New Mexico Texas, Wisconsin Washington and California. Community property is a state-level legal distinction of a married person's assets, such as property acquired during the course of a marriage. Separate property is property that was owned separately before marriage, property bought with separate funds or exchanged for separate property, and property that both spouses have agreed to convert from community property to separate property through an agreement that's considered legally valid by the state. There are nine community property states; the remaining states are separate property states. There are some exceptions regarding separate property. Most people refer to it as owning a "stones-and-mortar" home. Remember that the idea of community property is actually quite convenient for keeping assets within a partnership and avoiding contestation from disgruntled and/or opportunistic relatives in the event of … First, upon the death of your spouse, only half of the trust is considered part of the taxable estate. your case, Division of Assets on Annulment of a Marriage, Tracing To Establish What Property is Yours in a Community Property State, Online Law For example, if one party is mainly responsible for the care of the children after a divorce, the judge may award him or her a greater portion of the home furnishings. Most states have enacted equitable distribution laws, but Washington is not one of them. Community property can include real property, personal property, stocks, bonds, cash, and interest in an employer-sponsored profit share, pension plan or retirement plan. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts. Property Division in a Washington State Divorce Like most western states, Washington is a community property state. if X was purchased while living in Oregon (non-community property state), that would have been considered community property had it been purchased while living in Washington, i.e., if Y was exchanged for quasi-community property X, Y would still be considered quasi-community property. Ken holds a J.D. Debts are community property, too, and they are subtracted from the total to be divided. It must be split equally in a divorce. In Washington State (and not all states are the same), separate property is recognized and taken into account in divorce proceedings. The man appealed to the Washington State Court of Appeals. Services Law, Real Registered domestic partners who live in California, Nevada, or Washington are also subject to community property laws. In community property states, joint ownership is presumed on most property acquired during the marriage. The legal premise is that both individuals have equal shares in the aggregate of their assets. If one spouse claims the property should be classified as separate property, they must first prove it is not community property in order to change the law’s default assumption. Property acquired by either spouse during a marriage is considered marital property. Also, as mentioned above, if your separate property commingles with the jointly owned community property, or if both spouses can exercise control over the separate property, the judge could classify the property as community property instead of separate property. Broadly speaking, a divorce court in a community property state will split all other assets 50/50 unless both parties agree on another arrangement. Law, Intellectual Washington Appellete Court Agreed. Washington is a community property state. Property that one spouse inherits or receives as a gift is presumed to be that spouse’s separate property. Community Property Law in Washington State, i.e,. Washington law starts with the assumption that property owned by the couple is community property. If a couple gets married, the property they amass before and during the marriage is either classified as community property or separate property. Community property states give each spouse a 50 percent ownership interest in all property acquired during the marriage. The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. 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