Washington State Community Property Law
LATEST VERSIONS 2026 COMPLETE
QUESTIONS AND CORRECT ANSWERS
STUDY GUIDE |ACCURATE VERIFIED|
What statute governs community property law in Washington? - ANSWER-RCW
26.16 which is a subpart of Title 26 Domestic Relations
What are the three factors relevant to whether property is characterized as CP?
- ANSWER-Time acquired, source, and agreement
What property is presumed to be CP? - ANSWER-All property acquired during
marriage - including earnings or acquisitions by either spouse.
What property is presumed to be separate property? - ANSWER-All property
acquired before marriage or after final separation of the parties as well as:
inheritance to one spouse along, gift to one spouse alone, pain and suffering
awarded in tort action (wage loss awarded in tort action is CP)
How do courts look at professional goodwill? - ANSWER-Goodwill before
marriage is SP. Some percentage of the increase in value of goodwill during
marriage is CP. Spouse must be reasonably compensated for efforts into
practice. If spouse is underpaid their contributions during marriage may create a
CP interest in the premarital practice (right of reimbursement.)
Explain how a professional degree factors into CP evaluation - ANSWER-A
professional degree earned by a spouse during marriage will be a relevant
, factor in determining a just and equitable distribution.
Is disability pay CP? - ANSWER-Disability pay actually received during the
marriage is CP. If it is a lump sum it may be prorated. The portion that replaces
wages during marriage is CP. Future disability benefits are SP because they
replace future wages.
Can Federal disability pensions be divided? - ANSWER- No, but they can be
considered as part of the economic situation of the spouses
Are pension and retirement plans CP? - ANSWER-Most are allocated pro rata
based on the time of employment during the marriage v. employment time
outside of marriage. (Ex. if married during 1/2 time of employment 1/2 of
retirement plan is CP)
Can a spouse devise in her will her 1/2 of her spouses pension plan to a third
party? - ANSWER-No
Explain how ERISA and WA CP law related to each other with respect to a
federal pension plan. - ANSWER-ERISA governs how the asset is distributed
but ERISA does not preempt Washington law that the retirement plan is a CP
asset
Are Stock options CP? What if they are exercised with separate funds? -
ANSWER-Yes. If separate funds are used to exercise them, the court must
allocate the difference between the cost and the value as CP.
What is the burden of proof needed to overcome a presumption re: the
characteristic of property? - ANSWER-If property is presumed to be CP or SP,
LATEST VERSIONS 2026 COMPLETE
QUESTIONS AND CORRECT ANSWERS
STUDY GUIDE |ACCURATE VERIFIED|
What statute governs community property law in Washington? - ANSWER-RCW
26.16 which is a subpart of Title 26 Domestic Relations
What are the three factors relevant to whether property is characterized as CP?
- ANSWER-Time acquired, source, and agreement
What property is presumed to be CP? - ANSWER-All property acquired during
marriage - including earnings or acquisitions by either spouse.
What property is presumed to be separate property? - ANSWER-All property
acquired before marriage or after final separation of the parties as well as:
inheritance to one spouse along, gift to one spouse alone, pain and suffering
awarded in tort action (wage loss awarded in tort action is CP)
How do courts look at professional goodwill? - ANSWER-Goodwill before
marriage is SP. Some percentage of the increase in value of goodwill during
marriage is CP. Spouse must be reasonably compensated for efforts into
practice. If spouse is underpaid their contributions during marriage may create a
CP interest in the premarital practice (right of reimbursement.)
Explain how a professional degree factors into CP evaluation - ANSWER-A
professional degree earned by a spouse during marriage will be a relevant
, factor in determining a just and equitable distribution.
Is disability pay CP? - ANSWER-Disability pay actually received during the
marriage is CP. If it is a lump sum it may be prorated. The portion that replaces
wages during marriage is CP. Future disability benefits are SP because they
replace future wages.
Can Federal disability pensions be divided? - ANSWER- No, but they can be
considered as part of the economic situation of the spouses
Are pension and retirement plans CP? - ANSWER-Most are allocated pro rata
based on the time of employment during the marriage v. employment time
outside of marriage. (Ex. if married during 1/2 time of employment 1/2 of
retirement plan is CP)
Can a spouse devise in her will her 1/2 of her spouses pension plan to a third
party? - ANSWER-No
Explain how ERISA and WA CP law related to each other with respect to a
federal pension plan. - ANSWER-ERISA governs how the asset is distributed
but ERISA does not preempt Washington law that the retirement plan is a CP
asset
Are Stock options CP? What if they are exercised with separate funds? -
ANSWER-Yes. If separate funds are used to exercise them, the court must
allocate the difference between the cost and the value as CP.
What is the burden of proof needed to overcome a presumption re: the
characteristic of property? - ANSWER-If property is presumed to be CP or SP,
