Legal Question in Family Law in Washington

community property

I am expecting a large gift of cash. I'm getting ready to file for divorce. If it is a gift to me, in a communiey property state, does he get half?


Asked on 1/15/00, 9:00 pm

1 Answer from Attorneys

Andrew Sargent Law Office of Andrew H. Sargent

Re: community property

Gift are separate property unless you convert them into community property. This takes an action on your part. What is necessary may be an issue for the courts so you need to avoid anything that gives the appearance that you are sharing this with your spouse.

I recommend that you open a new bank account in your name alone. Do not put your spouses name on the account in any manner. He/She should not sign on the account nor get the account in the event of your death. Make it very clear to the banker that this is your separate property. You may want to go to a different bank then the one you and your spouse use. If you want to give part of money as a gift to the community write a check payable to both spouses and deposit it into your joint checking account.

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Answered on 1/21/00, 2:24 pm


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