Community Property

Property Agreements for Married Couples in Washington State

A properly drafted community property agreement ensures that your spouse will inherit your property in the event of your death without probate proceedings. An experienced estate planning lawyer can help prepare this document to comply with Washington law.

Speak with Jennifer C. Rydberg at (425) 235-5535 to determine if a community property or separate property agreement is appropriate for your circumstances. Schedule your consultation with a Kent, Washington, attorney who has served greater Seattle, King County, and Pierce County since 1978.

Community Property Agreements

Under Washington community property law, married people can enter an agreement as a form of estate planning. Usually, the property division contract states that all current property is owned by both spouses, including assets brought to the marriage, and that all future acquisitions will also be jointly owned. Upon death, the property is transferred to the surviving spouse.

As a form of estate planning, a community property agreement can prevent surviving family members from arguing over the rightful ownership of property upon your death. Community property agreements allow the quick transfer of assets to a surviving spouse without probate proceedings. Only married couples can enter a community property agreement under Washington law. Parties in a domestic partnership (i.e., heterosexual, gay or lesbian partners) can address property division in a separate property agreement, but it is subject to probate proceedings.

Washington State law regarding community property contracts (RCW 26.160.120) is complex. With Ms. Rydberg's knowledgeable assistance, the document may be more likely to stand up to a legal challenge by an ex-spouse or heirs. She can also draft an agreement to except out certain specific property in order to protect inheritance rights of children from a prior marriage, or to provide that the Community Property Agreement does not apply in a divorce. Washington State also recognizes quasi-community property. Without a will, assets acquired in another state by one spouse may be considered community property in Washington. It is important to address any assets brought to the marriage and whether they should be designated as joint or separate.

Schedule a consultation by contacting Ms. Rydberg through this web site or by phone at 425-235-5535. She provides one-on-one, personalized service to put clients at ease and put their best interests in writing.