Community Property Laws in Washington State
Once married, spouses become a marital community in Washington, according to the Washington State Bar Association. All property, such as automobiles and real estate, bought with earnings during the marriage or domestic partnership become the equal property of both spouses or partners. Any debts or other expenses assumed during the marriage are also the joint responsibility of both spouses. Property owned prior to the marriage is considered separate and is not considered community property.
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Definition of Community Property
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After a marriage or registration of a domestic partnership, any property newly acquired becomes community property, under state law in Washington. One spouse or domestic partner may control and manage the property, but may not take certain actions without consent. More than one half of the community property cannot be bequeathed in a will or estate or given to another party by one spouse or partner alone. A spouse or partner also may not sell or encumber community property or purchase new property without the consent of the other.
Separate Property
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Stocks, bonds, real estate or other property either inherited, received as a gift or purchased with separate funds are not considered community property in Washington, according to WSBA. The spouse who owns the separate property may continue to manage, lease, sell, convey or encumber it without the consent of his or her spouse. Also, any inheritance received after a marriage or registration of a domestic partnership remains the separate property of the designated spouse. Separate property may be designated as community property with the appropriate documents. For example, depositing funds from a separately maintained account to a joint account designates those funds as community rather than separate property.
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Powers of Attorney
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Once spouse may be legally designated as the attorney-in-fact for the other spouse and receive the power to sign in his or her interest, according to the Revised Code of Washington. A letter is written granting powers of attorney to either the other spouse or partner or a third party to authorize the sale or conveyance of one spouse's interest in community property. If a third party is assigned as the attorney-in-fact, both spouses need to sign a document clearly indicating that the third party has authorization to sign for both spouses or partners.
Division of Property and Debts
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According to the Washington Courts System, if a married couple or domestic partnership legally separates or divorces, responsibility for property and debts must be divided. A court determines what is community property and what is designated as separate property and divides the assets and debts in an equitable manner between both spouses or partners. Factors taken under consideration by the judge include employment history, the length of the marriage and the amount of property owned. An equitable division may not necessarily mean allocating half of the assets and debts to each spouse or partner and may be allocated as a larger percentage to one spouse based on the considered factors.
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