[WSBAPT] RCW 26.09.070

Thu Feb 27 08:02:01 PST 2014

Martin:

Be very wary of advising both sides of this transaction.  And be wary of
any sort of “quick” settlement.  It sounds like there may be some
financial complexity that is worthy of study and or expert valuations.

Yes, physical separation and entry of legal separation decree will truly
create separate liabilities going forward.

If in actuality the separation is a sham, you should expect that a highly
motivated creditor later could prove that it was a sham.

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Martin Silver
Sent: Wednesday, February 26, 2014 10:03 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: Re: [WSBAPT] RCW 26.09.070

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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