Visual Artist

Washington Community Property Agreement Form

Co-ownership is a principle of law in Washington and eight other states. In these countries, a registered national spouse or partner owns 50% of all property acquired during marriage or domestic partnership. Unless the couple has agreed otherwise in writing, this includes money earned during the marriage or domestic partnership and everything that was purchased with that money. However, when a person receives property as a gift or inheritance or receives it before marriage or domestic partnership, this property is considered a separate property. Washington law allows a spouse and a national spouse or partner to sign and certify a collective real estate contract, a document that automatically transfers shares of a person`s common property to his or her spouse or registered domestic partner upon his or her death. To avoid succession after the death of the first registered spouse or national partner, the contract must indicate that all real estate, including all property acquired by one of the two persons after the signing of the document, is common property. This means that subsequent donations and estates will also become common property. After the death of the first person, the survivor has full control of the condominium. If the survivor dies, he can distribute the goods as he wishes: the survivor is not obliged to take into account the preferences of the deceased spouse or registered domestic partner.

There are some restrictions on community ownership agreements. You cannot use a community real estate agreement to appoint a guardian for your minor children or to avoid succession if the second person dies. In addition, the document can only be revoked if the spouses and partners consent. If you would like to learn more about municipal real estate arrangements, please contact a lawyer near you. Second, the land planning contract creates a trap for the unwary. Community heritage is subject to assumptions other than separate heritage when it is divided between spouses by divorce tribunals. In general, the courts believe that the property separate from the outgoing partners should remain in the hands of the owner, without proper consideration to the contrary, while the court considers that the co-ownership should be shared equally between the spouses in the event of divorce. RCW 26.09.080 and its interpretation cases. When divorce takes place to a partner who does not assume this principle (as is often the case for one of the conjugal partners), a community ownership contract, executed to achieve cost savings from the estate procedure, can lead to the unwanted transfer of essential assets to the outgoing spouse, assets which, without the Community ownership contract, , would have stayed with the separate owner. Fifth, changing the character of the separated condominium property may subordinate the newly characterized property to the debts of the other spouse if the property was previously immune to those rights.