Legal Question in Family Law in Washington

Re: Inheritance claim in Divorce case

Inheritance is considered your separate property and is not community property when you receive it. Normally it stays your separate property unless you take an action to convert it to community property. You can convert it to community property by depositing it in a joint bank account, adding your spouse's name to a deed or title or signing an agreement stating it is community property.

Keep your inheritence separate from your normal assets and do not add your spouse's name to any deed or title. Open a separate bank account IN YOUR NAME ALONE for any money. Keep track of it separately from your other assets and you should be fine.

Andrew Sargent

Law Office of Andrew H. Sargent

600 Winslow Way E., Suite 131

Re: Inheritance claim in Divorce case

Simple answer: No. Inheritance is on of the few exceptions to community property law. See http://www.leg.wa.gov/pub/rcw/title_26/chapter_016/ for WA CP statutes. Your question is answered by RCW 26.16.020 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_016/rcw_26_16_020.txt

Caution: If you have a community property agreement that converts all presently owned property to community property, you need to agree to revoke the CPA. A properly drafted CPA will have a clause that filing for divorce or separation automatically revokes the CPA.

Gary Preble

Olympia

360-943-6960

Gary Preble

Preble Law Firm

2120 State Avenue NE