[WSBAPT] Debt Allocation On Separate v Community

[Jennifer Modak]

Hi Listmates,
I have a situation where I am trying to ascertain where to allocate the mortgage debt for a decedent's separate property or on the community property share.

Relevant Facts,

  1.  Wife owned house as separate property prior to marriage with a mortgage (equity $200K at time of marriage)
  2.  H and W marry (less than 5 years), House only in W name, house goes up in value ($300K Equity in a few years), W dies, no Will, she has children from prior marriage.
  3.  H now claims community property interest on the $300K
Question: Based on the statute below, does the mortgage get split between the separate and community interest?  Or all to separate or all to community? I understand based on case law that the community property interest will have to be reduced by the amount paid on the mortgage for the benefit of living in the home. Thanks for any advice.
RCW 11.10.030. Allocation of separate and community assets
(1) A community debt or liability is charged against the entire community property, with the
surviving spouse's or surviving domestic partner's half and the decedent spouse's or decedent
domestic partner's half charged equally.
(2) A separate debt or liability is charged first against separate property, and if that is insufficient
against the balance of decedent's half of community property remaining after community debts and
liabilities are satisfied.

My understanding is that t
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