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

Wash. Rev. Code § 26.16.030 (2026)

✓ current as of May 2026
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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. Either spouse or either domestic partner, acting alone, may manage and control community property, with a like power of disposition as the acting spouse or domestic partner has over his or her separate property, except:
(1) Neither person shall devise or bequeath by will more than one-half of the community property.
(2) Neither person shall give community property without the express or implied consent of the other.
(3) Neither person shall sell, convey, or encumber the community real property without the other spouse or other domestic partner joining in the execution of the deed or other instrument by which the real estate is sold, conveyed, or encumbered, and such deed or other instrument must be acknowledged by both spouses or both domestic partners.
(4) Neither person shall purchase or contract to purchase community real property without the other spouse or other domestic partner joining in the transaction of purchase or in the execution of the contract to purchase.
(5) Neither person shall create a security interest other than a purchase money security interest as defined in *RCW 62A.9-107 in, or sell, community household goods, furnishings, or appliances, or a community mobile home unless the other spouse or other domestic partner joins in executing the security agreement or bill of sale, if any.
(6) Neither person shall acquire, purchase, sell, convey, or encumber the assets, including real estate, or the good will of a business where both spouses or both domestic partners participate in its management without the consent of the other: PROVIDED, That where only one spouse or one domestic partner participates in such management the participating spouse or participating domestic partner may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real estate, or the good will of the business without the consent of the nonparticipating spouse or nonparticipating domestic partner.
[ 2008 c 6 s 604; 1981 c 304 s 1; 1972 ex.s. c 108 s 3; Code 1881 s 2409; RRS s 6892.]

Notes:

*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1981 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 304 s 46.]
Community property—Homestead selection: RCW 6.13.020.
Descent and distribution of community property: RCW 11.04.015.
Quasi-community property defined: RCW 26.16.220.
Simultaneous death, uniform act: Chapter 11.05A RCW.
Notes of Decisions
Cited in 210 cases (28 in the last 5 years), 1954–2026 · leading case: Cooper's Mobile Homes, Inc. v. Simmons, 617 P.2d 415 (Wash. 1980).
Sort: Relevance Newest Treatment
Cooper's Mobile Homes, Inc. v. Simmons, 617 P.2d 415 (Wash. 1980). · cites it 42× “RCW 26.16.030. In addition, Mrs. Simmons asserts a counterclaim under the Consumer Protection Act.”
Colorado Nat'l Bank v. Merlino, 668 P.2d 1304 (Wash. Ct. App. 1983). · cites it 12× “RCW 26.16.030. By statutory exception, the opposite presumption arises from debt incurred in purchases of real property when executed by only one spouse.”
United States v. Craft, 535 U.S. 274 (2002). · cites it 2× “§ 40-3—13 (1999); Wash. Rev. Code § 26.16.030 (3) (1994). Accordingly, the fact that respondent's husband could not unilaterally alienate the property does not preclude him from possessing "property and rights to property" for the purposes of § 6321.”
Nichols Hills Bank v. McCool, 701 P.2d 1114 (Wash. 1985). · cites it 7× “…the husband. Under the 1972 amendments to the community property laws, either spouse can manage community property. RCW 26.16.030.”
State v. Coria, 48 P.3d 980 (Wash. 2002). · cites it 5× “Discussion I agree with the majority that “property of another” includes the one-half interest of a spouse in community property.”
In re the Marriage of Brewer, 976 P.2d 102 (Wash. 1999). · cites it 4× “” Under RCW 26.16.030 community property is property that is not defined as separate property under RCW 26.”
Matter of Marriage of Schweitzer, 937 P.2d 1062 (Wash. 1997). · cites it 4× “The Legislature codified this principle in 1972 when it enacted RCW 26.16.030(2). Cross at 84. This statute prohibits either spouse from making a gift of community property "without the express or implied consent of the other.”
In re the Marriage of Schweitzer, 132 Wash. 2d 318 (Wash. 1997). · cites it 4× “The Legislature codified this principle in 1972 when it enacted RCW 26.16.030(2). Cross at 84. This statute prohibits either spouse from making a gift of community property "without the express or implied consent of the other.”
deElche v. Jacobsen, 622 P.2d 835 (Wash. 1980). · cites it 4× “The majority's holding effectively treats community property as a mere species of common law cotenancy, when it is in fact a type of property ownership intrinsically part of, dependent upon and overtly protective of the marital relationship.”
In re the Marriage of Mueller, 167 P.3d 568 (Wash. Ct. App. 2007). · cites it 3× “2d 575 (1996) (citing RCW 26.16.030), aff’d, 132 Wn.2d 318 , 937 P.”
In re the Marriage of Chumbley, 150 Wash. 2d 1 (Wash. 2003). · cites it 3× “13 , 28 (1986); RCW 26.16.030. To rebut the presumption, a party must present clear and convincing evidence that the acquisition fits within a separate property provision.”
In Re Marriage of Chumbley, 74 P.3d 129 (Wash. 2003). · cites it 3× “13, 28 (1986); RCW 26.16.030. To rebut the presumption, a party must present clear and convincing evidence that the acquisition fits within a separate property provision.”
Show all 210 citing cases →
— Wash. Rev. Code § 26.16.030(1) — 9 cases
Lyon v. Lyon, 670 P.2d 272 (Wash. 1983).
State v. Coria, 48 P.3d 980 (Wash. 2002). “Discussion I agree with the majority that “property of another” includes the one-half interest of a spouse in community property.”
Seizer v. Sessions, 940 P.2d 261 (Wash. 1997).
Seizer v. Sessions, 132 Wash. 2d 642 (Wash. 1997).
Olver v. Fowler, 131 Wash. App. 135 (Wash. Ct. App. 2006).
— Wash. Rev. Code § 26.16.030(1986) — 1 case
United States v. Itt Consum. Fin. Corp., & Aetna Fin. Co., Delaware Corporations, 816 F.2d 487 (9th Cir. 1987).
— Wash. Rev. Code § 26.16.030(2) — 14 cases
Matter of Marriage of Schweitzer, 937 P.2d 1062 (Wash. 1997). “The Legislature codified this principle in 1972 when it enacted RCW 26.16.030(2). Cross at 84. This statute prohibits either spouse from making a gift of community property "without the express or implied consent of the other.”
In re the Marriage of Schweitzer, 132 Wash. 2d 318 (Wash. 1997). “The Legislature codified this principle in 1972 when it enacted RCW 26.16.030(2). Cross at 84. This statute prohibits either spouse from making a gift of community property "without the express or implied consent of the other.”
Nichols Hills Bank v. McCool, 701 P.2d 1114 (Wash. 1985). “…the husband. Under the 1972 amendments to the community property laws, either spouse can manage community property. RCW 26.16.030.”
In re the Marriage of Mueller, 167 P.3d 568 (Wash. Ct. App. 2007). “2d 575 (1996) (citing RCW 26.16.030), aff’d, 132 Wn.2d 318 , 937 P.”
Lyon v. Lyon, 670 P.2d 272 (Wash. 1983).
— Wash. Rev. Code § 26.16.030(3) — 21 cases
Cooper's Mobile Homes, Inc. v. Simmons, 617 P.2d 415 (Wash. 1980). “RCW 26.16.030. In addition, Mrs. Simmons asserts a counterclaim under the Consumer Protection Act.”
In Re Marriage of Wallace, 45 P.3d 1131 (Wash. Ct. App. 2002).
In re the Marriage of Wallace, 111 Wash. App. 697 (Wash. Ct. App. 2002).
In Re Marriage of Kaseburg, 108 P.3d 1278 (Wash. Ct. App. 2005).
In re the Marriage of Kaseburg, 126 Wash. App. 546 (Wash. Ct. App. 2005).
— Wash. Rev. Code § 26.16.030(4) — 9 cases
Colorado Nat'l Bank v. Merlino, 668 P.2d 1304 (Wash. Ct. App. 1983). “RCW 26.16.030. By statutory exception, the opposite presumption arises from debt incurred in purchases of real property when executed by only one spouse.”
Reid v. Cramer, 603 P.2d 851 (Wash. Ct. App. 1979).
Klaas v. Haueter, 745 P.2d 870 (Wash. Ct. App. 1987).
Daily v. Warren, 558 P.2d 1374 (Wash. Ct. App. 1977).
G.W. Equip. Leasing, Inc. v. Mt. McKinley Fence Co., 982 P.2d 114 (Wash. Ct. App. 1999).
— Wash. Rev. Code § 26.16.030(5) — 6 cases
Cooper's Mobile Homes, Inc. v. Simmons, 617 P.2d 415 (Wash. 1980). “RCW 26.16.030. In addition, Mrs. Simmons asserts a counterclaim under the Consumer Protection Act.”
Nichols Hills Bank v. McCool, 701 P.2d 1114 (Wash. 1985). “…the husband. Under the 1972 amendments to the community property laws, either spouse can manage community property. RCW 26.16.030.”
Everest v. Levenson, 551 P.2d 159 (Wash. Ct. App. 1976).
Daily v. Warren, 558 P.2d 1374 (Wash. Ct. App. 1977).
United States v. 19.7 Acres of Land, 692 P.2d 809 (Wash. 1984).
— Wash. Rev. Code § 26.16.030(6) — 5 cases
Reid v. Cramer, 603 P.2d 851 (Wash. Ct. App. 1979).
Consumers Ins. v. Cimoch, 848 P.2d 763 (Wash. Ct. App. 1993).
Everest v. Levenson, 551 P.2d 159 (Wash. Ct. App. 1976).
Lyzanchuk v. Yakima Ranches Owners Ass'n, 866 P.2d 695 (Wash. Ct. App. 1994).
Pixton v. Silva, 534 P.2d 135 (Wash. Ct. App. 1975).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.