Community Property Agreement In Washington State In San Diego

State:
Multi-State
County:
San Diego
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

Under community property, spouses own (and owe) everything equally, regardless of who earns or spends the income. Community property is also known as marital property. Usually, gifts to and inherited assets of one spouse are not considered community property.

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.

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).

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.

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.

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.

As a result, some couples agree to consider all of their property community property upon the death of the first spouse. A community property agreement will trump a conflicting provision in a will, since it is a binding contract.

More info

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.This COMMUNITY PROPERTY AGREEMENT dated July 4, 2003, is between George Washington and Martha Washington (the "parties"), as husband and wife. No set rules for the division of property exist, but the court divides the assets between both parties in a fair and equitable manner. Washington is one of only nine states that uses community property laws for marriage. Here, read more about community property agreements and your marriage. There are a series of forms to fill out. The San Diego divorce attorneys at Mattis Law, A.P.C. know the importance of community property division at the end of a marriage. Call for legal help. Any property, though originally classified as separate property, that becomes community property under the state's laws.

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Community Property Agreement In Washington State In San Diego