3 Prong Community Property Agreement

A communal property contract converts only separate property into common property; there is no property to anyone. The expectation is that the entire condominium will be automatically handed over to the surviving spouse or domestic partner according to the laws of parentage and distribution in the intestinal layer. Unlike a more flexible will, a community ownership agreement cannot be used to make binding gifts to persons other than the surviving spouse or surviving national partners. The standard community real estate contract signed by the Schweitzers is known in Washington as a “tripartite” communal property contract. Harry M. Cross, The Community Property Law in Washington, 61 Wash. L.Rev. 13, 101 (1985) (`Cross`). The first clamp converts the separate property of each spouse into joint ownership. The second phase of construction stipulates that all land acquired in the future, which would otherwise be separate land, must be common properties. The third pen west the title of the entire common property of the survivor after the death of the other spouse. The Schweitzer agreement states that we first check whether the provisions of the agreement were effective at the time of Marjories` death.

  The communal property status, RCW 26.16.120.4, allows husbands and wives to enter into collective ownership agreements on the status and disposition of their property in order to take effect after the death of both.  In re Estate of Wittman, 58 Wash.2d 841, 843-44, 365 P.2d 17 (1961).   Such an agreement is an enforceable contract and is not subject to the laws of will.  Estate of Wittman, 58 Wash.2d to 843, 365 P.2d 17.   Contracts are executed in full when one of the contracting parties dies.  Estate of Wittman, 58 Wash.2d to 843, 365 P.2d 17.   At that time, title to the ownership of the western community as the sole and distinct property of the survivor.  Estate of Wittman, 58 Wash.2d to 843, 365 P.2d 17.   This property cannot be imagined or hereditary by the will of one of the spouses.

 Estate of Wittman, 58 Wash.2d to 843, 365 P.2d 17. Mr. Schweitzer argues that he and Ms. Schweitzer wrongly considered that the agreement would not take effect until one of them had died. Mr. Schweitzer`s argument rests almost exclusively on Re Marriage of Justus, an unprecedented decision of the Court of Appeal. It`s 82 Wash. Ca.

1013, 1996 WL 312526 (No. 14430-5-III June 11, 1996). Unpublished notices have no precedent and cannot be invoked as an authority under RAP 10.4 (h). Sigman State, 118 Wash. 2d 442, 444 n. 1, 826 P.2d 144, 24 A.L.R.5th 856 (1992); See also RCW 2.06.040 (“Decisions that have not been set as a precedent are not published”). 9 RCW 26.16.120 provides that nothing contained in any of the provisions of this chapter or any law of that state prevents the husband and wife from entering into an agreement together on the status or disposition of all or part of the community patrimony, which will then be held by them or acquired later to act after the death of one of the two.   However, such an agreement can at any time be entered into by the couple in writing by the execution of an instrument under their hands and under their seals, and it may be recognized, recognized and certified, as the documents relating to real estate are required by state laws, and the same can be modified or modified at any time in the same way.

However, provided that such an agreement cannot depart from the right of creditors, it cannot be interpreted in such a way that the powers of the High Court, for fraud or under another recognized head of court, are annulled or annulled on the appeal of one of the parties.