[WSBAPT] Community Prop. Agmt with unequal disposition

[Doug Schafer]

Feedback sought:

Proposed customized Community Property Agreement would recite:
1.  agreement takes effect upon death of first spouse, if neither has
commenced dissolution before that.
2.  all property of either spouse or both spouses is converted (at the
first death) to community property.
3.  at the first death, 55% of the CP will vest in H if he survives, or be
disposed of by his will if he dies first.
4.  at the first death, 45% of the CP will vest in W if she survives, or
be disposed of by her will if she dies first.

Does anyone doubt that (3) and (4) would be upheld?  It's common for
judges in disso proceeding to divide CP unequally, so it ought to be
permissible for spouses to do so by contract. (RCW 26.16.120 "...
concerning the status or disposition of the whole or any portion of the
community property ...")

The couple (2nd marriage) wishes to keep affairs simple and to comingle
H's recent inheritance with their pre-existing comingled assets.  But H
wishes to control disposition of the greater-than-50% percentage of the
whole because of his inheritance.

Doug Schafer


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