Separate Property

Prenuptial Agreements | Post-Marital Agreements

Much like the community property agreement, a separate property agreement is a document drawn up to detail the passage of property upon one’s death and to define the character of property owned during a marriage. This is a very useful estate planning tool in second marriages with children from previous marriages.

Jennifer C. Rydberg, Washington State Estate Planning Lawyer

Jennifer C. Rydberg represents clients in Kent, Washington, and the greater Seattle area in all aspects of estate planning. Contact her at 425-235-5535 to discuss drafting an agreement to keep separate assets separate and avoid future litigation.

Characterizing Separate Property

Whereas a community property agreement puts all the couple's assets into the marital pot, a separate property agreement identifies which assets will remain in the name of one spouse only, not subject to equitable distribution in divorce or probate. These agreements can cover:

• Assets owned before entering marriage
• Inheritance or gifts acquired during the marriage
• Characterization of retirement assets
• Proceeds of sale of separate property
• Property generated from a number of unique and specific situations

A separate property agreement can be drafted as a pre-nuptial agreement (before the marriage) to declare that assets brought to the marriage will not become community property. It can also be addressed in a postnuptial or post-marital agreement, if unforeseen circumstances arise, or the parties simply decide to identify separate property to protect inheritance rights for their respective children from a first marriage.

Under Washington State law, married couples use community property agreements and separate property agreements. Domestic partners or adults residing together establish a domestic partnership agreement, that extends similar legal protection.

Estate Planning Services Since 1978

Attorney Jennifer C. Rydberg applies nearly 30 years of experience to help Washington State residents achieve their estate planning goals. For one-on-one counseling to produce a legally binding agreement that stands up under Washington law, contact her Kent office at 425-235-5535.