Wash. Rev. Code » Title 26 · Chapter 26.16
Revised Code of Washington

Wash. Rev. Code § 26.16.010 (2026)

Separate property of spouse

✓ current as of May 2026
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Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her spouse joining in such management, alienation or encumbrance, as fully, and to the same extent or in the same manner as though he or she were unmarried.
[ 2008 c 6 s 602; Code 1881 s 2408; RRS s 6890. Prior: See Reviser's note below.]

Notes:

Reviser's note: For prior laws dealing with this subject see Laws 1879 pp 77-81; 1873 pp 450-455; 1871 pp 67-74; 1869 pp 318-323.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Construction: "The rule of common law that statutes in derogation thereof are to be strictly construed has no application to this chapter. This chapter establishes the law of the state respecting the subject to which it relates, and its provisions and all proceedings under it shall be liberally construed with a view to effect its object." [Code 1881 s 2417.]
"This chapter shall not be construed to operate retrospectively and any right established, accrued or accruing or in any thing done prior to the time this chapter goes into effect shall be governed by the law in force at the time such right was established or accrued." [Code 1881 s 2418.] This applies to RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210.
Descent of separate real property: RCW 11.04.015.
Distribution of separate personal estate: RCW 11.04.015.
Rights of married persons or domestic partners in general: RCW 26.16.150.
Notes of Decisions
Cited in 97 cases (19 in the last 5 years), 1959–2026 · leading case: Damian Schwarz v. Susan M. Schwarz, 368 P.3d 173 (Wash. Ct. App. 2016).
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Damian Schwarz v. Susan M. Schwarz, 368 P.3d 173 (Wash. Ct. App. 2016). · cites it 2× “3d 481 (2001) (footnotes omitted); RCW 26.16.010. ¶17 The character of property, whether separate or community, is determined at the time of acquisition.”
In re the Marriage of Kile, 347 P.3d 894 (Wash. Ct. App. 2015). · cites it 3× “Separate property includes either property acquired before marriage or— relevant here — property acquired after marriage by “gift, *877 bequest, devise, descent, or inheritance” or with “the rents, issues and profits thereof.”
In re the Marriage of Brewer, 976 P.2d 102 (Wash. 1999). · cites it 2× “44 Under RCW 26.16.010 and RCW 26.16.020 separate property is “[p]roperty and pecuniary rights” owned by each spouse before marriage or acquired afterwards by gift, bequest, devise, descent or inheritance.”
Sorenson v. Sec'y of the Treasury of the United States, 557 F. Supp. 729 (W.D. Wash. 1982). · cites it 4× “030 provides that all property not acquired or owned as prescribed in RCW §§ 26.16.010 and .020 which is acquired after marriage by either husband or wife or both is community property.”
In Re the Marriage of Gillespie, 948 P.2d 1338 (Wash. Ct. App. 1997). · cites it 2× “at 331 ; RCW 26.16.010. But the subject of the Wheatland contract was the ownership interest in Wheatland that Gillespie had acquired before marriage.”
Haley v. Highland, 12 P.3d 119 (Wash. 2000). · cites it 2× “, RCW 26.16.010 ("Property and pecuniary rights owned by the husband before marriage .”
In Re the Marriage of Brown, 675 P.2d 1207 (Wash. 1984). · cites it 2× “RCW 26.16.010, .020. Community property is all other property acquired by either spouse after marriage that is not acquired or owned as separate property.”
Matter of Marriage of Olivares, 848 P.2d 1281 (Wash. Ct. App. 1993). · cites it 2× “RCW 26.16.010. In response, Theresa argues that the court properly found the promissory note/deed of trust to be community property, based on the clear language of the assignment and the testimony of Mildred Olivares.”
Haley v. Highland, 142 Wash. 2d 135 (Wash. 2000). · cites it 2× “020 (“The property and pecuniary rights of every married woman at the time of her marriage .”
Mele v. Mele (In Re Mele), 501 B.R. 357 (9th Cir. BAP 2013). “Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.”
In re the Marriage of Chumbley, 150 Wash. 2d 1 (Wash. 2003). “RCW 26.16.010, .020; Brown v. Brown, 100 Wn.”
Pac. Gamble Robinson Co. v. Lapp, 622 P.2d 850 (Wash. 1980). · cites it 2× “RCW 26.16.010, .020. [2] But Washington had no connection whatever with the present transaction until the Lapps established their domicile here just 2 months after the note went into default.”
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