Community Property Agreements—Many Questions, Few Answers
Brachtenbach, Robert F.
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- 1997In re the Marriage of Schweitzer Wash.
- 1983Lyon v. Lyon Wash.
- 1980Norris v. Norris Wash. Ct. App.
- 1973Merriman v. Curl Wash. Ct. App.
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Abstract
The statute which creates the husband-wife contract commonly referred to as the community property agreement was first enacted by the Territorial Legislature of 1879. Today's statute is RCW 26.16.120.2 A 1950 Law Review Comment' made a comprehensive analysis of many of the issues raised by the community property agreement. Reference is made to the Comment for background material. This article has a dual purpose: first, to inquire further into some of the issues discussed in the 1950 Comment with particular and detailed attention to creditors' problems, and second, to examine today's practice as to the use of these agreements, looking specifically at their efficacy in the passage of real property titles, motor vehicle transfers and stock transfers.
At the outset a brief summary of the statute and some of the cases will be made for orientation purposes.