Pre-Nuptial 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, registered domestic partnership, meretricious relationship, or just living together. 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 425-988-6574 / 866-213-7556 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 community pot, a separate property agreement identifies which assets will remain in the name of one spouse or partner only, not subject to equitable distribution in divorce or probate. These agreements can cover:
- Assets owned before entering marriage
- Characterization of retirement assets
- Inheritance or gifts acquired during the marriage
- Proceeds of sale of or income from 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 or registered domestic partnership) to declare that assets brought to the marriage or registered domestic partnership 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, for instance to protect inheritance rights for their respective children from a first marriage.
Estate Planning Services Since 1978
Attorney Jennifer C. Rydberg applies over 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 425-988-6574 / 866-213-7556.
