FINAL BILL REPORT

SB 6113

                                   C 34 L 88

BYSenator Pullen

Making technical corrections to quasi-community property laws.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Washington is a community property state; therefore, a surviving spouse owns a one-half interest in property acquired during a marriage unless the couple has agreed otherwise.  The quasi-community property statutes were enacted in 1986 to determine the property interest a surviving spouse has in real or personal property acquired while the couple resided in a noncommunity property state.

SUMMARY:

Quasi-community property statutes shall apply to all property, whether acquired before or after the date of original enactment and shall take advantage of the laws of other jurisdictions which look to Washington law to determine the proper manner of distributing real property at the time of the spouse's death.  Legal presumptions are clarified regarding community property and quasi-community property.

The deceased spouse's interest in quasi-community property is subject to disposition under the terms of any document or agreement to avoid the implication that only dispositions under a will control.  The potential that otherwise bona fide business transactions will be upset by the quasi-community property statutes is minimized by eliminating the provision requiring the transfer to be made "for value".

All agreements between spouses which relate to property rights, whether pre-existing or executed after the enactment of the statutes are given effect with respect to quasi-community property interests.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 94   0

EFFECTIVE:March 11, 1988