|
|
COMMUNITY PROPERTY
AGREEMENTS IN WASHINGTON
Washington is a community
property state, which means that all property in
the state of Washington is either community
property or separate property. Separate
property is that which is owned before the
marriage or received as a gift or
inheritance during the marriage. All other
property acquired during marriage as a result of
your labor is community property.
A Community Property
Agreement is a special statutory contract between
a husband and wife, that can do one or all of
three different provisions. First, it can
declare that all property presently owned is
community property, converting all separate
property to community property. Secondly,
it can declare that all property acquired in the
future to be community property, converting any
future gifts or inheritances to community
property. If you want to preserve separate
property, you would not want to make these
provisions. Thirdly, it can provide that on
the death of the first spouse, all community
property vests in the surviving spouse. If
you have made the first two provisions, this
would include all of the property. Under
the statutory provisions, this allows the
property to vest in the surviving spouse without
having to go through probate, saving a
substantial amount of time and money in clearing
the estate.
After the death of a
spouse, assets still need to be cleared into the
name of the surviving spouse. For real
property (land and house), the Community Property
Agreement and a short declaration should be
recorded in the County where the property is
situated. With a copy of the Community
Property Agreement, Death Certificate and title
documents, virtually all other titled assets can
be simply transferred.
Our firm consist of three
lawyers, Peter W. Mogren, Ronald E.
Glessner, and Ruth A. Roti. Our
emphasis is in family law, wills and
probate, and personal injury.
Please click on the topics above for
details about these areas of practice,
including wills, Community Property
Agreements, Durable Power of Attorney,
and probate.
Our firm is conveniently located
in Renton, King County, Washington, just
off the freeway at the intersection of
I-405 and I-167. Our attorneys
represent clients throughout the State of
Washington, including the communities of
Renton, Kent, Tukwila, Seattle, Bellevue,
Auburn, Maple Valley, Federal Way, Des
Moines, Burien, SeaTac, Enumclaw and most
of south King County.
The free
information contained in these pages
is not
intended to be legal advice, and does
not create an attorney-client
relationship. You should always
consult with an attorney before
taking any action.
|
