Revised Code of Washington
Wash. Rev. Code § 26.16.050 (2026)
Conveyances between spouses or domestic partners
✓ current as of May 2026
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A spouse or domestic partner may give, grant, sell or convey directly to the other spouse or other domestic partner his or her community right, title, interest or estate in all or any portion of their community real property: And every deed made from one spouse to the other or one domestic partner to the other, shall operate to divest the real estate therein recited from any or every claim or demand as community property and shall vest the same in the grantee as separate property. The grantor in all such deeds, or the party releasing such community interest or estate shall sign, seal, execute and acknowledge the deed as a single person without the joinder therein of the married party or party to a state registered domestic partnership therein named as grantee: PROVIDED, HOWEVER, That the conveyances or transfers hereby authorized shall not affect any existing equity in favor of creditors of the grantor at the time of such transfer, gift or conveyance. AND PROVIDED FURTHER, That any deeds of gift conveyances or releases of community estate by or between spouses or between domestic partners heretofore made but in which both spouses or both domestic partners have not joined as grantors, said deeds, where made in good faith and without intent to hinder, delay or defraud creditors, shall be and the same are hereby fully legalized as valid and binding.
[ 2008 c 6 s 605; 1888 c 27 s 1; RRS s 10572.]
Notes:
Validating—1888 c 27: "All powers of attorney heretofore made and executed by any married woman joined with her husband and duly acknowledged and certified and all powers of attorney heretofore made or executed by husband or wife to the other, authorizing the sale or other disposition of real estate, whether separate or community real estate duly acknowledged conformably with the previous sections, and all conveyances heretofore and hereafter executed under and by virtue of such powers of attorney and acknowledged and certified in the manner provided herein, shall be valid and binding; provided, that any rights vested in third persons shall not be affected by anything in this section contained." [ 1888 c 27 s 5.] This applies to RCW 26.16.050 and 26.16.070 through 26.16.090.
Acknowledgments: Chapter 64.08 RCW.
Burden of proof in transactions between spouses or domestic partners: RCW 26.16.210.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1952–2023 · leading case: In Re the Est. of Ford, 639 P.2d 848 (Wash. Ct. App. 1982).
In Re the Est. of Ford, 639 P.2d 848 (Wash. Ct. App. 1982). “[2] Conveyances between husband and wife are also regulated by RCW 26.16.050 which states in part: "A husband may give, grant, sell or convey directly to his wife, and a wife may give, grant, sell or convey directly to her husband his or her community right, title, interest or…”
Suchan v. Suchan, 682 P.2d 607 (Idaho 1984). “RCW 26.16.050 provides for conveyances of real property between spouses, and RCW 26.”
Watters v. Doud, 631 P.2d 369 (Wash. 1981). “I Watters argues that interspousal transfers of community property pursuant to a divorce decree are governed by RCW 26.16.050. That statute provides: A husband may give, grant, sell or convey directly to his wife, and a wife may give, grant, sell or convey directly to her…”
Bank of Am., NA v. Owens, 153 Wash. App. 115 (Wash. Ct. App. 2009). “RCW 26.16.050 (allowing a spouse to convey to the other spouse his or her interest in community real property and providing that such conveyance operates to divest such real property from claims as community property and to vest the property in the grantee as separate property);…”
In Re Est. of Verbeek, 467 P.2d 178 (Wash. Ct. App. 1970). “, RCW 26.16.050. However, under that statute and its predecessors it was and is well settled that deeds and written contracts of sale must contain an adequate legal description of the real estate upon which it operates.”
Johnson v. Wheeler, 248 P.2d 558 (Wash. 1952). “Johnson executed a deed to the property here in question to his wife, Ethel Johnson, and caused the same to be recorded with the auditor of King county.”
Bank of Am., NA v. Owens, 221 P.3d 917 (Wash. Ct. App. 2009). “[2] RCW 26.16.050 (allowing a spouse to convey to the other spouse his or her interest in community real property and providing that such conveyance operates to divest such real property from claims as community property and to vest the property in the grantee as separate…”
Robert Daniel Cotton, Jr (Bankr. W.D. Wash. 2022). “22 RCW 26.16.050 sets forth a separate property exception for conveyances between 23 || spouses.”
Ellis v. Olson (Bankr. W.D. Wash. 2023). “”) 3 RCW 26.16.050, which addresses transfers between spouses, provides in relevant part 4 as follows: A spouse .”
Merriman v. Curl, 509 P.2d 765 (Wash. Ct. App. 1973). “RCW 26.16.050 provides for conveyances of real property between spouses, and RCW 26.”
Matter of Marriage of Trubner-Biria, 866 P.2d 675 (Wash. Ct. App. 1994). “*861 The trial court erred in ordering Ali to vacate a home which is now, by operation of law, his separate property.”
In re Lee L. Mackessy v. Richard Allinger (Wash. Ct. App. 2016). “RCW 26.16.050. But no statute addresses a conveyance of an intangible community asset, such as an interest in a pension.”
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