Community Property Agreement In Washington State In Clark

State:
Multi-State
County:
Clark
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A few common non-probate assets are joint bank accounts with rights of sur- vivorship, property held in joint ten- ancy, property subject to a community property agreement, property held in a trust, life insurance and other assets and accounts that pass by contract or have some type of beneficiary desig- nation.

Explanation of Community Property Community property means that spouses who acquire property during marriage own property equally, 50/50. That means that one spouse on death can leave his or her share as he or she wants and on divorce, it typically is divided 50/50 as well.

In Washington, real property conveyed to a married person or a person in a registered domestic partnership is legally presumed to be community property. Exceptions to the rule include properties acquired as separate property by gift, bequest or by agreement (see Sole Ownership example 2 above).

This second function of the Community Property Agreement, that automatic conveyance of all assets to the surviving spouse at the moment of the death of one spouse, is perhaps the most common and most reliable way for married couples to avoid probate in Washington State.

To use a Washington state community property agreement, you and your spouse or partner must agree to leave everything to each other, complete the document, and sign it in front of a notary public. When one spouse or partner dies, the survivor will become the owner of the deceased person's property, without probate.

A defining feature of joint tenancy is the right of survivorship—if one owner dies, their share automatically passes to the surviving joint tenants, avoiding probate. In Washington, this can simplify the transfer of property between spouses or family members, especially for homes and real estate investments.

Washington state law permits all community property passed through a CPA to be transferred to the surviving spouse without probate, so the agreement keeps all of the deceased person's property out of probate.

Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse, and he or she may manage, lease, sell, convey, ...

The basic rule of community property is simple: During a marriage, all property earned or acquired by either spouse or domestic partner is owned 50-50 by each spouse or partner, except for property received by only one of them through gift or inheritance.

In Washington, married couples and registered domestic partners can avoid probate by signing a Community Property Agreement (CPA). In the agreement, the couple agrees that when one of them dies, all of that person's property will pass directly to the other.

More info

This COMMUNITY PROPERTY AGREEMENT dated July 4, 2003, is between George Washington and Martha Washington (the "parties"), as husband and wife. Citation Form (Word doc) - This is a general citation for use for noting a motion on the court docket.It can be used for civil, domestic or criminal cases. A Washington community property agreement allows you to leave all of your property to your spouse or partner, without probate. Here's how it works. A fast, affordable, and simple divorce process using our fully-guided divorce questionnaire and filing service. How to Probate a Washington Descendant's Estate --- To "Do It Yourself" without a Lawyer Blank Forms Alphabetical The process of getting a divorce can be complicated. In the blog, we explain how Washington process divorces base on different situations. An experienced division of assets lawyer in Clark County will protect your rights.

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Community Property Agreement In Washington State In Clark