Wash. Rev. Code § 26.16.020
Separate property of domestic partner
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Property and pecuniary rights owned by a person in a state registered domestic partnership before registration of the domestic partnership or afterwards acquired 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 domestic partner, and he or she may manage, lease, sell, convey, encumber or devise by will such property without his or her domestic partner joining in such management, alienation, or encumbrance, as fully, to the same extent and in the same manner as though he or she were not in a state registered domestic partnership.
[ 2008 c 6 s 603; Code 1881 s 2400; RRS s 6891. Prior: See Reviser's note following RCW 26.16.010.]
Notes:
Reviser's note: See notes following RCW 26.16.010.
Civil disabilities of wife abolished: RCW 26.16.160.
Earnings of spouse or domestic partner and minor children living apart: RCW 26.16.140.
Exemption of separate property of married person from attachment and execution upon liability of spouse: RCW 6.15.040.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1959–2024 · leading case: In re the Marriage of Brewer
In re the Marriage of Brewer (1999)
“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.”
Haley v. Highland (2000)
“"); RCW 26.16.020 ("The property and pecuniary rights of every married woman at the time of her marriage .”
Haley v. Highland (2000)
“”); RCW 26.16.020 (“The property and pecuniary rights of every married woman at the time of her marriage .”
In Re the Marriage of Brown (1984)
“010 and RCW 26.16.020, defining separate property.”
Matter of Marriage of Olivares (1993)
“3 There is an identical statute applying to wives, RCW 26.16.020. 4 It is true that a condition subsequent not affecting the donee’s title to the property may be valid, and a gift that is absolute may be defeated by the happening of a later certain event.”
Brewer v. Brewer (1999)
“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.”
Copper Leaf, Llc, V. Ace Paving Co. Inc. (2024)
“010 (spouse); RCW 26.16.020 (domestic partner).9 A community debt, on the other hand, may be satisfied through community property.”
In Re Estate of Borghi (2007)
“010; RCW 26.16.020. "When it appears that property was once separate, it is presumed to maintain that character until there is some direct and positive evidence to the contrary.”
Hall v. Allstate Insurance (1989)
“Indeed, when the possibility of ambiguity was suggested, the Legislature promptly made explicit the right of a *868 spouse to act in regard to UIM coverage in the same manner as to the other terms of the contract.”
Arnold v. Department of Retirement Systems (1994)
“These contributions and the corresponding contributions made by the State "purchased” the disability and death benefits.”
In Re Estate of Osicka (1969)
“010 and RCW 26.16.020. Property acquired after marriage in a manner not specified in those statutes is community property.”
In Re the Estate of Salvini (1964)
“” RCW 26.16.020 provides: “The property and pecuniary rights of every married woman at the time of her marriage or afterwards acquired by gift, devise or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of her husband, and…”
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