Wa Barbri - Family Law / Cp

Front 1

Basic community property presumptions - community vs. separate property

Back 1

All property acquired during marriage is presumed community

All property acquired before marriage is separate property

Front 2

How to determine community or separate

Back 2

Look at timeframe of purchase, unless party can trace funds used for purchase to separate funds, presumed community

Front 3

Rule regarding commingled funds

Back 3

If funds from separate property commingled with community during marriage, it becomes community

Front 4

Deferred earnings rule

Back 4

If earned during marriage, even if not yet paid or paid after union, community

Front 5

Gifts/inheritances

Back 5

Separate even if acquired during marriage

Front 6

Tort damages/liability

Back 6

General damages are separate property; specific are community


Tort liability with separate liability allows all of tortfeasor’s separate property and 1/2 of CP

Front 7

Agreements between spouses affecting property

Back 7

May execute agreement changing character of community property to separate, vice versa

Spouses can also make gifts to each other; must be fair, voluntary, with opportunity for each spouse to seek independent counsel before making the agreement

Front 8

Separation rule

Back 8

Community presumption ends when marriage is defunct; generally at separation

Front 9

Joinder of parties required for...

Back 9

Purchase/sale of real property

Sale of household goods/furnishings/appliances

Sale of community business assets

Gift to third party

Front 10

Wills and community property

(Intestate vs. alienation)

Back 10

Intestate: without will, all community property given to surviving party; 1/2 to spouse and 1/2 to children

Alienate to third parties: can alienate all separate property and 1/2 of community assets

Front 11

Standard for dissolution re:asset distribution

Back 11

Court makes a just and equitable distribution of property

Front 12

Debts of spouse affecting community

Back 12

One spouse cannot bind other spouse’s separate property unless for “family expense”

Premarital debts cannot be enforced against community property or separate property of other spouse

Front 13

Dissolution requirements/timeframe

Back 13

Dissolution: no fault; must be “irretrievably broken"

90 day waiting period after filed; PJ if resided in WA

Front 14

Division of property upon dissolution

(standard/considerations)

Back 14

All property brought before the court to be divided in just and equitable manner

Court considers property, length of marriage, economic circumstances of the parties

Front 15

Maintenance

Back 15

Based on need and ability to pay in light of what is just

Consider financial resources, standard of living during marriage, duration of marriage, age and emotional conditions

Front 16

Parenting plans

Back 16

Based on “best interest of the child"

Plan includes allocation of decision making authority, dispute resolution, residential schedule, designation of custodial parent, limitations on contact (important)

Front 17

Modifying terms of dissolution

(what is modifiable? standards)

Back 17

Property/liabilities not modifiable

Maintenance, child support, parenting plan = "substantial change in circumstances"