Horenstein Family Law Blog
Yours Mine Ours
Posted: April 15, 2010
You are contemplating a divorce and your recently divorced friend says to you, “Oh, too bad, you live in a community property state!” Your friend continues to tell you that you may be lucky if you can prove your property is separate property. Or the opposite may be the good news: “You will do well because this is a community property state.”
What is community property and separate property and why does it matter. In the next few blog entries, I will give examples of community and separate property. However, we need the definitions in order to understand the examples.
Ours: Community Property
Community property is property which is equally owned in undivided one-half interests by a husband and wife and domestic partners by reason of their marital status.
Community property is distinguishable from the separate property of the spouses and domestic partners, and from other types of property ownerships such as tenancy in common and joint tenancy by right of survivorship, all of which have different concepts of termination of estates, management rights, rights of testamentary disposition in respect to the property, and fiduciary duties in respect to the common ownership.
Yours and Mine: Separate Property
Separate Property consists of all assets a spouse owned before marriage, assets received by spouse after marriage by gift or inheritance, damages for personal injuries suffered by a spouse, an asset the spouses agree to be separate property, the earnings and accumulations of a spouse living separate and apart, the proceeds from one of the above often referred to as “rents, issues, and proceeds of separate property including the natural enhancement or growth of the property over time (gains, increased value, inflation).
Disclaimer: This blog is written and published by The Scott Horenstein Law Firm and primarily written by Dru S. Horenstein for educational purposes only, i.e. to give information and a general understanding of Washington family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Dru S. Horenstein is licensed to practice law in the State of Washington only.
You should not use the information in this blog to determine how your own legal case would be resolved. Every legal case is different and the smallest difference in facts between one case and another can alter the outcome and affect the legal advice you would receive from an attorney retained to represent you.
Your use of this blog does not establish an attorney-client relationship between you and The Scott Horenstein Law Firm. Such an attorney-client relationship can only be established by execution of a contract for legal services between The Scott Horenstein Law Firm and a prospective client.
Some material contained in this blog is general in nature and may not reflect the current laws of the State of Washington. The author of this blog does not necessarily support the views expressed in all articles contained herein and cannot guarantee their accuracy.
The inclusion of material from identified sources is for educational purposes only and is not intended to infringe on the copyrights of the identified sources.
The Scott Horenstein Law Firm, PLLC provides experienced legal counsel to clients with family law and personal injury needs in Washington. Our office is located in Vancouver and assists clients in Vancouver, Camas, Battle Ground, Ridgefield, La Center, Amboy, Yacolt, Washougal, Woodland, and throughout Clark County, Washington. Call Today For An Initial Consultation: 360-699-1530.
Contact Us
If you would like one of our attorneys to contact you, please complete the contact form below.