Community Property Agreement In Washington State In Cook

State:
Multi-State
County:
Cook
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

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.

How to tell when something is community property. Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both equally.

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).

Drawbacks of Community Property First, the concept of community property extends to liability for debts in most cases. In community property states, both spouses are typically held equally responsible for all debts acquired by either spouse, regardless of individual contributions or direct benefit.

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.

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.

Each spouse owns a 50% interest in all community property and quasi-community property acquired during marriage. It is important to note that community property in California after death does not merely include the assets a married couple collectively owned; it also refers to any debt they collectively accumulated.

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.

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.

More info

This COMMUNITY PROPERTY AGREEMENT dated July 4, 2003, is between George Washington and Martha Washington (the "parties"), as husband and wife. 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. (2) Neither person shall give community property without the express or implied consent of the other. The place to begin is RCW 26.09 which governs the Dissolution Process in Washington. A community property agreement is an agreement between spouses or state registered domestic partners to characterize their property as community property. Our utility bill assistance programs help you pay for your gas and electric bills. Apply for LIHEAP today.

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Community Property Agreement In Washington State In Cook