Legal Question in Family Law in Washington

Can a married couple have a verbal contract about separate property or assets in a community property state(Washington)?

Asked on 12/22/13, 1:31 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

You question is too vague, but I will presume you are asking whether a married couple can agree that this is yours and that is mine and these items are not community property.

If that is your question, you are asking about what is known as a community property agreement. See RCW 26.16.120 at for the requirements. You can also make a separate property agreement. But you can't use them to keep assets from existing creditors. And they must be written as indicated in the statute.

Your question likely has more behind it. The issue of what is community property and what is not can be tricky, so it would be best to contact an attorney with the specific details of your situation.

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Answered on 12/22/13, 7:05 pm

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