[WSBARP] Community property or not?

Lynn Clare lynnclare at clarelawfirm.com
Wed Jan 26 11:01:34 PST 2022


Doug

In family law, WA favors characterization of property as community property
unless there is clearly no question of its separate character. If property
is acquired during marriage, except by gift or inheritance, it's presumed
community property.  The party who wants to rebut that presumption must do
so by clear and convincing evidence that the property was meant to be
separate.  The name on the deed is not enough to overcome the presumption.
Using separate funds to purchase isn't enough by itself either.

The court's really love community property agreements that clearly
distinguish what property is meant to remain separate, OR quit claim deeds
from a spouse transferring title to the other as separate property.

Lynn Clare
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