H-3081              _______________________________________________

                                                   HOUSE BILL NO. 1620

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Armstrong and P. King

Read first time 1/20/86 and referred to Committee on Judiciary.

AN ACT Relating to antenuptial debts; and amending RCW 26.16.200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 10, page 452, Laws of 1873 as last amended by section 2, chapter 41, Laws of 1983 1st ex. sess. and RCW 26.16.200 are each amended to read as follows:

          Neither husband or wife is liable for the debts or liabilities of the other incurred before marriage, nor for the separate debts of each other, nor is the rent or income of the separate property of either liable for the separate debts of the other:  PROVIDED, That the earnings and accumulations of the husband shall be available to the legal process of creditors for the satisfaction of debts or liabilities incurred by him prior to marriage, and the earnings and accumulations of the wife shall be available to the legal process of creditors for the satisfaction of debts or liabilities incurred by her prior to marriage.  For the purpose of this section, neither the husband nor the wife shall be construed to have any interest in the earnings of the other:  PROVIDED FURTHER, That no separate debt or liability, except a child support or maintenance obligation, may be the basis of a claim against the earnings and accumulations of either a husband or wife unless the same is reduced to judgment within three years of the marriage of the parties.  The obligation of a parent or stepparent to support a child may be collected out of the parent's or stepparent's separate property, the parent's or stepparent's earnings and accumulations, and the parent's or stepparent's share of community personal and real property.  Funds in a community bank account which can be identified as the earnings of the nonobligated spouse are exempt from satisfaction of the child support obligation of the debtor spouse.