Community Property

Washington Community Property ## Washington as a Community Property State Washington is one of nine community property states. Property acquired by either spouse during the marriage through wages, business income, or investment returns belongs equally to both spouses regardless of whose name appears on the title. This is the fundamental community property rule, and it has direct implications for every real estate transaction involving married parties. Community property: Wages earned during marriage, property purchased with those wages, appreciation and income from community assets. Separate property: Property owned before marriage, property received as an individual gift or inheritance during marriage (even if received during the marriage, a gift or bequest to one spouse remains that spouse's separate property), and property purchased entirely with separate property funds. The practical consequence: Separate property may be conveyed by the owner alone. Community real property requires both spouses' signatures on the deed to be validly conveyed. A deed signed by only one spouse for community property is voidable at the non-signing spouse's election — this is why title companies routinely require both signatures when a married person sells or mortgages property. ## Registered Domestic Partners Washington extended community property rights to registered domestic partners since 2009. Under RCW 26.60, registered domestic partners in Washington have the same community property rights and obligations as married couples. Property acquired during a domestic partnership is community property, and conveyance of that community real property requires both partners' signatures. ## Community Property Agreement Married spouses or registered domestic partners may record a Community Property Agreement under RCW 26.16.120 — a written, notarized, and recorded agreement converting all separate property to community property. This enables a stepped-up tax basis…