Washington State Community Property
Law LATEST VERSIONS 2025 WITH
QUESTIONS CORRECT ANSWERS
STUDY GUIDE |ACCURATE EXPERT
VERIFIED
What statute governs community property law in Washington? - Answers -
✔✔ 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? - Answers -✔✔ Time acquired, source, and agreement
What is the difference between "pseudo community property" and "quasi
community property" - Answers -✔✔ Pseudo community property is
property of a couple in a committed intimate relationship that would have
been community property if the couple were married. Quasi community
property is property brought to the State of WA from a state that recognizes
common law marriage. It is property that would have been CP had it been
located in WA.
What factors does the court consider when determining if a couple is in a
committed intimate relationship? - Answers -✔✔ Continuity of cohabitation,
Duration of relationship, Purpose of relationship, Pooling of resources,
Intent of parties
What property is presumed to be CP? - Answers -✔✔ All property acquired
during marriage - including earnings or acquisitions by either spouse.
What property is presumed to be separate property? - Answers -✔✔ 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? - Answers -✔✔ 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 - Answers -
✔✔ 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? - Answers -✔✔ 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? - Answers -✔✔ No, but they
can be considered as part of the economic situation of the spouses
Are pension and retirement plans CP? - Answers -✔✔ 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? - Answers -✔✔ No
Explain how ERISA and WA CP law related to each other with respect to a
federal pension plan. - Answers -✔✔ 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? -
Answers -✔✔ 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? - Answers -✔✔ If property is presumed to be CP
or SP, the presumption must be overcome by CLEAR AND CONVINCING
EVIDENCE.
Law LATEST VERSIONS 2025 WITH
QUESTIONS CORRECT ANSWERS
STUDY GUIDE |ACCURATE EXPERT
VERIFIED
What statute governs community property law in Washington? - Answers -
✔✔ 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? - Answers -✔✔ Time acquired, source, and agreement
What is the difference between "pseudo community property" and "quasi
community property" - Answers -✔✔ Pseudo community property is
property of a couple in a committed intimate relationship that would have
been community property if the couple were married. Quasi community
property is property brought to the State of WA from a state that recognizes
common law marriage. It is property that would have been CP had it been
located in WA.
What factors does the court consider when determining if a couple is in a
committed intimate relationship? - Answers -✔✔ Continuity of cohabitation,
Duration of relationship, Purpose of relationship, Pooling of resources,
Intent of parties
What property is presumed to be CP? - Answers -✔✔ All property acquired
during marriage - including earnings or acquisitions by either spouse.
What property is presumed to be separate property? - Answers -✔✔ 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? - Answers -✔✔ 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 - Answers -
✔✔ 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? - Answers -✔✔ 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? - Answers -✔✔ No, but they
can be considered as part of the economic situation of the spouses
Are pension and retirement plans CP? - Answers -✔✔ 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? - Answers -✔✔ No
Explain how ERISA and WA CP law related to each other with respect to a
federal pension plan. - Answers -✔✔ 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? -
Answers -✔✔ 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? - Answers -✔✔ If property is presumed to be CP
or SP, the presumption must be overcome by CLEAR AND CONVINCING
EVIDENCE.
