Legal Question in Real Estate Law in Washington

Concerning property laws in WA state: Specifically, if a person buys a home and then later marries, does the new spouse automatically have half ownership, and alternately, if the new spouse comes into the marriage holding substantial debt is the other person responsible for half that debt?

thank you


Asked on 9/29/09, 11:35 pm

1 Answer from Attorneys

Earl Morriss Land Law Washington, PLLC

I think I'll just answer the first part of the question - as the second question is a little out of my area (though I belive the answer is generally that the debt is seperate - unless, or until, the debt benefits the community). As for the house...that is someones seperate property going into the marriage - and it will continue to have that character throughout the marriage unless certain things occur: spouses often quit claim their interest in the house to the community (not something I agree with - but people often do it); also, if the other spouse starts making the mortgage payments or pays for home improvements with their seperate funds they create a lien interest in the home; the other spouse could also gain some interest through the use of community funds to pay for the home - if the seperate owner wants to keep the property seperate they should only use seperate funds to pay for/ keep up the home.

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Answered on 10/05/09, 10:55 am


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