[WSBAPT] RCW 26.09.070

[Martin Silver]

Colleagues:
 
    I have a situation where two elderly people, still active, find
themselves in disagreement over the wife’s conduct of her business.  It
appears possible that W will incur liability in the near future, well
within the 90 day period for a divorce or legal separation.  H wants no
part of the liability and fears that W will recklessly bind the community.
I am leery of separate property agreements as possibly yielding an
uncertain total severance of the community and W’s ability to bind it
under a benefit theory.  I looked at the above RCW and its seems to
suggest a quick alternative to sever the community, award W her business
and H his, split some property, record and give notice in a newspaper and
be done with it.  If my understanding is correct this could be done in a
week or so, relieve H of community benefit liability if W goes off on her
own.  Assuming I am correct then I still have the following questions:
 
1.    Section 2 refers to “if” they “elect to live separate and apart
without any court decree,” etc.  Does this impose a requirement that they
physically separate to make the severance of the community actual?  That
would seem odd to me but...
 
2.    Section 2 also says they “may record such contract” and cause notice
to be be published in a paper in the county of habitual residence.  Does
this impose a requirement of recording?  As to recording, would one
publication be sufficient?
 
I thank you in advance for responses you may give.  
 

 
 
 
 
MARTIN SILVER, LLM TAXATION, NYU
ATTORNEY AT LAW

1420 - Fifth Avenue, Suite 3000
Seattle, Washington 98101

Tel: (206) 224-3461
Fax: (206) 224-3459

Web: http://silvertaxlaw.com

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