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Washington's Community Property Laws
Experienced and aggressive Tacoma divorce attorneys who are prepared to fight for your fair share of community property.
Our Tacoma divorce attorneys and Pierce County community property lawyers and skilled and knowledgeable when it comes to Washington State's community property laws. If you have questions about the division of community property in your Pierce County divorce, we encourage you to call our offices for a free initial consultation.
One of our experienced Tacoma divorce lawyers can review the specific facts and circumstances of your case and then assist you in understanding your legal rights and options. The issue of community property can be complicated. Our Tacoma divorce attorneys are here to make it uncomplicated.
Talk to a Tacoma divorce and community property lawyer today!
Washington is a community property state.
One of the most frequent issues that comes up in our Tacoma divorce cases is the issue of property division. Washington is a community property state. So, what does this really mean? As detailed below, it generally means that property acquired before the marriage is separate, and that property acquired after the marriage is community. As you can see, however, there are some important exceptions.
RCW 26.16.030 defines Community Property and the Management thereof. Community property is property which is equally owned in undivided one-half interests by a husband and wife and domestic partners by reason of their marital status.
Community property is distinguishable from the separate property of the spouses and domestic partners.
What is community property?
1. All assets acquired during marriage (excluding personal injury damages to a spouse);
2. All assets which the spouses agree to be community property; and
3. All assets which are converted into community property due to commingling.
Types of community property include: All earnings during marriage of the wife; all earnings during marriage of the husband; all property acquired with earnings during marriage; any property acquired with “community funds.”
Each spouse has a present, undivided,fully vested, interest in each and every item of community property,and is considered to be a one-half owner thereof.
Until passing of the 2008 amendments to the Washington Domestic Partnership Law, in order for there to be community, the parties must have been married. Now, the community property laws apply to registered domestic partners and spouses. The domestic partnership must be registered with the state as mandated by the statute.
Each spouse, on his or her own has the power to manage community property, but there are some exceptions listed in the statute.
Among other things, one spouse may not devise by will, more than one half of the community property; neither may gift community property without consent of the other; neither can buy, sell or encumber real property (real estate) without the other’s joinder on the execution of transfer documents; neither may make a security interest other than a “purchase money security interest” without the other spouse joining in the execution of the agreement; neither may sell community household goods, furnishings, appliances, or mobile homes without the other spouse joining in the agreement; neither spouse may do the same types of transfers of assets of a business, without consent of the other spouse, if both spouses participate in the
One of our experienced Tacoma divorce lawyers can review the specific facts and circumstances of your case and then assist you in understanding your legal rights and options. The issue of community property can be complicated. Our Tacoma divorce attorneys are here to make it uncomplicated.
Talk to a Tacoma divorce and community property lawyer today!
Washington is a community property state.
One of the most frequent issues that comes up in our Tacoma divorce cases is the issue of property division. Washington is a community property state. So, what does this really mean? As detailed below, it generally means that property acquired before the marriage is separate, and that property acquired after the marriage is community. As you can see, however, there are some important exceptions.
RCW 26.16.030 defines Community Property and the Management thereof. Community property is property which is equally owned in undivided one-half interests by a husband and wife and domestic partners by reason of their marital status.
Community property is distinguishable from the separate property of the spouses and domestic partners.
What is community property?
1. All assets acquired during marriage (excluding personal injury damages to a spouse);
2. All assets which the spouses agree to be community property; and
3. All assets which are converted into community property due to commingling.
Types of community property include: All earnings during marriage of the wife; all earnings during marriage of the husband; all property acquired with earnings during marriage; any property acquired with “community funds.”
Each spouse has a present, undivided,fully vested, interest in each and every item of community property,and is considered to be a one-half owner thereof.
Until passing of the 2008 amendments to the Washington Domestic Partnership Law, in order for there to be community, the parties must have been married. Now, the community property laws apply to registered domestic partners and spouses. The domestic partnership must be registered with the state as mandated by the statute.
Each spouse, on his or her own has the power to manage community property, but there are some exceptions listed in the statute.
Among other things, one spouse may not devise by will, more than one half of the community property; neither may gift community property without consent of the other; neither can buy, sell or encumber real property (real estate) without the other’s joinder on the execution of transfer documents; neither may make a security interest other than a “purchase money security interest” without the other spouse joining in the execution of the agreement; neither may sell community household goods, furnishings, appliances, or mobile homes without the other spouse joining in the agreement; neither spouse may do the same types of transfers of assets of a business, without consent of the other spouse, if both spouses participate in the