Revised Code of Washington
Chapter 26.16 - Rights and Liabilities—Community Property.
26.16.050 - Conveyances between spouses or domestic partners.

RCW 26.16.050
Conveyances between spouses or domestic partners.

A spouse or domestic partner may give, grant, sell or convey directly to the other spouse or other domestic partner his or her community right, title, interest or estate in all or any portion of their community real property: And every deed made from one spouse to the other or one domestic partner to the other, shall operate to divest the real estate therein recited from any or every claim or demand as community property and shall vest the same in the grantee as separate property. The grantor in all such deeds, or the party releasing such community interest or estate shall sign, seal, execute and acknowledge the deed as a single person without the joinder therein of the married party or party to a state registered domestic partnership therein named as grantee: PROVIDED, HOWEVER, That the conveyances or transfers hereby authorized shall not affect any existing equity in favor of creditors of the grantor at the time of such transfer, gift or conveyance. AND PROVIDED FURTHER, That any deeds of gift conveyances or releases of community estate by or between spouses or between domestic partners heretofore made but in which both spouses or both domestic partners have not joined as grantors, said deeds, where made in good faith and without intent to hinder, delay or defraud creditors, shall be and the same are hereby fully legalized as valid and binding.

[ 2008 c 6 § 605; 1888 c 27 § 1; RRS § 10572.]
NOTES:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.


Validating—1888 c 27: "All powers of attorney heretofore made and executed by any married woman joined with her husband and duly acknowledged and certified and all powers of attorney heretofore made or executed by husband or wife to the other, authorizing the sale or other disposition of real estate, whether separate or community real estate duly acknowledged conformably with the previous sections, and all conveyances heretofore and hereafter executed under and by virtue of such powers of attorney and acknowledged and certified in the manner provided herein, shall be valid and binding; provided, that any rights vested in third persons shall not be affected by anything in this section contained." [ 1888 c 27 § 5.] This applies to RCW 26.16.050 and 26.16.070 through 26.16.090.


Acknowledgments: Chapter 64.08 RCW.


Burden of proof in transactions between spouses or domestic partners: RCW 26.16.210.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.16 - Rights and Liabilities—Community Property.

26.16.010 - Separate property of spouse.

26.16.020 - Separate property of domestic partner.

26.16.030 - Community property defined—Management and control.

26.16.040 - Community realty subject to liens, execution.

26.16.050 - Conveyances between spouses or domestic partners.

26.16.060 - Power of attorney between spouses or domestic partners.

26.16.070 - Powers of attorney as to separate estate.

26.16.080 - Execution of conveyance under power.

26.16.090 - Powers of attorney as to community estate.

26.16.095 - Purchaser of community real property protected by record title.

26.16.100 - Claim of spouse or domestic partner in community realty to be filed.

26.16.110 - Cloud on title—Removal.

26.16.120 - Agreements as to status.

26.16.125 - Custody of children.

26.16.140 - Earnings and accumulations of spouses or domestic partners living apart, minor children.

26.16.150 - Rights of married persons or domestic partners in general.

26.16.160 - Civil disabilities of wife abolished.

26.16.180 - Spouses or domestic partners may sue each other.

26.16.190 - Liability for acts of other spouse or other domestic partner.

26.16.200 - Debts incurred before marriage or domestic partnership—Separate debts—Child support obligation—Liability.

26.16.205 - Liability for family support—Support obligation of stepparent.

26.16.210 - Burden of proof in transactions between spouses or domestic partners.

26.16.220 - Quasi-community property defined.

26.16.230 - Quasi-community property—Disposition at death.

26.16.240 - Quasi-community property—Effect of lifetime transfers—Claims by surviving spouse or surviving domestic partner—Waiver.

26.16.250 - Quasi-community property—Characterization limited to determination of disposition at death—Waiver by written agreement.