Community and Separate Property in Washington

In Washington, property owned before the marriage or received by gift or inheritance, with its rents, issues and profits, is separate, and other property acquired after the marriage is community property.

Separate property

Property and pecuniary rights owned by a spouse before the marriage, and property acquired afterwards by gift, bequest, devise, descent or inheritance, with the rents, issues and profits, are separate property, are not subject to the other spouse’s debts or contracts, and can be managed and sold by the owner alone (RCW 26.16.010).

Community property

Property not acquired or owned as separate property, and acquired after the marriage by either spouse or both, is community property (RCW 26.16.030). Neither spouse may give community property away, sell community real estate or create a security interest in household goods without the other, and neither may will more than half of it.

Rents, issues and profits

The income from separate property is itself separate, so a premarital rental property keeps its character, and records that trace the source of an asset matter most when the classification is disputed.

Both can be divided

Classification still matters in the division: the nature and extent of the community and separate property are both listed factors, and a spouse with a large separate estate can expect the court to weigh it against his or her share of the community.

Registered domestic partners

The same rules apply to state registered domestic partners.

Keeping the right paperwork

Keep dated records that trace premarital and inherited property and its income to their source.

In the calculator

Enter premarital, gifted and inherited property as separate in the Washington property division calculator so it stays with its owner, or include it in the pool to test a division that reaches it.

Frequently asked questions

What is community property in Washington?

Property acquired after the marriage that is not separate property.

Is an inheritance community property in Washington?

No. Property acquired by gift, bequest, devise, descent or inheritance, with its rents, issues and profits, is separate.

Is premarital property divided in Washington?

It is separate property, but the court may dispose of community or separate property as is just and equitable.

Can one spouse sell community real estate in Washington?

Not without the other spouse joining in the deed.

Do registered domestic partners follow the same rules in Washington?

Yes.

Official sources

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Talk to a Washington attorney

This is general information, not legal advice. It is based on the cited Washington statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Washington attorney.