WA PROPERTY LAW CHEAT SHEET

COMMUNITY PROPERTY ESSENTIALS

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Critical Rule: Deed signed by one spouse only for community property = VOIDABLE at non-signing spouse's election

Transmutation & Commingling

Transmutation: Property character changes (separate → community or vice versa)

Commingling: Mixing separate & community funds may convert property character

Solution: Tracing documents preserve separate property character

Community Property Agreement (RCW 26.16.120)

Written, notarized, recorded agreement

Converts all separate property to community property

Tax benefit: surviving spouse gets full stepped-up basis

Irrevocable — requires both parties' consent

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DEED TYPES (Warranty Spectrum)

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WASHINGTON'S RACE-NOTICE RECORDING ACT

Winner between two claimants:

Recorded FIRST AND

Paid VALUE without NOTICE

Three Forms of Notice (defeat race-notice protection):

Constructive notice → Prior deed recorded → all subsequent buyers deemed to know

Actual notice → Direct knowledge of prior claim

Inquiry notice → Reasonable buyer would have investigated

Key: If subsequent buyer had ANY notice, they lose even if they recorded first.

Decision Rule


Did subsequent buyer:
✓ Record first?
✓ Pay value?
✓ Have zero notice (constructive, actual, or inquiry)?
→ YES to all three = WINS under race-notice

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HIGH-YIELD EXAM RULES

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Concept	Definition	Signature Requirement
Community Property	Acquired during marriage/domestic partnership via wages, business income, investment returns	BOTH spouses/partners must sign to convey
Separate Property	Pre-marriage property, gifts, inheritances (even if received during marriage)	Only owner signs
Registered Domestic Partners	Same community property rights as married spouses (RCW 26.60, since 2009)	BOTH partners must sign
Deed Type	Grantor Warranty	Common Use
Statutory Warranty Deed	Warrants against ALL claims, any period	Standard residential (RCW 64.04.030)
Special Warranty Deed	Warrants only defects during grantor's ownership	Foreclosures, estates, commercial
Bargain & Sale Deed	No warranty; "I convey what I have"	Foreclosures, estates, inter-entity
Quitclaim Deed	Zero warranty; clears clouds on title	Divorce, correcting errors, disputes
Scenario	Answer
Married couple, home titled in wife's name, paid with husband's wages	Both must sign — community property regardless of title
Pre-marital home + community funds spent on renovations	Home mixed character — community has equitable interest in added value
Inheritance received during marriage	Separate property of recipient spouse; community property agreement needed to convert
Quitclaim vs. Warranty Deed needed	Quitclaim = title disputes; Warranty = residential sale
First recorder vs. second recorder (both paid value)	Whoever recorded first without notice wins

WA Property Law