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

Wash. Rev. Code § 26.16.190 (2026)

Liability for acts of other spouse or other domestic partner

✓ current as of May 2026
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For all injuries committed by a married person or domestic partner, there shall be no recovery against the separate property of the other spouse or other domestic partner except in cases where there would be joint responsibility if the marriage or the state registered domestic partnership did not exist.
[ 2008 c 6 s 616; 1972 ex.s. c 108 s 6; Code 1881 s 2402; RRS s 6904.]

Notes:

Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Notes of Decisions
Cited in 12 cases, 1960–2011 · leading case: Haley v. Highland, 12 P.3d 119 (Wash. 2000).
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Haley v. Highland, 12 P.3d 119 (Wash. 2000). · cites it 3× “"); RCW 26.16.190 ("For all injuries committed by a married person, there shall be no recovery against the separate property of the other spouse.”
Haley v. Highland, 142 Wash. 2d 135 (Wash. 2000). · cites it 3× “”); RCW 26.16.190 (“For all injuries committed by a married person, there shall be no recovery against the separate property of the other spouse .”
deElche v. Jacobsen, 622 P.2d 835 (Wash. 1980). · cites it 2× “The only statute dealing with recovery from a married tort-feasor, RCW 26.16.190, provides that the separate property of a spouse who is not the active tort-feasor is immune from recovery "except in cases where there would be joint responsibility if the marriage did not exist.”
Keene v. Edie, 935 P.2d 588 (Wash. 1997). · cites it 2× “Finally, we concluded that statutory law did not support an exemption for community property, noting that RCW 26.16.190, [4] which prevents a plaintiff who has been injured by a married person from recovering against the separate property of the nontort-feasor spouse, "certainly…”
Red Lion Hotels Franchising, Inc. v. MAK, LLC, 663 F.3d 1080 (9th Cir. 2011). “” Wash. Rev. Code § 26.16.190 provides: For all injuries committed by a married person or domestic partner, there shall be no recovery against the separate property of the other spouse or other domestic partner except in cases where there would be joint responsibility if the…”
Sutton v. Hirvonen, 775 P.2d 448 (Wash. 1989). “Hirvonen has no separate liability, RCW 26.16.190, and the community property cannot be reached without making the estate a party.”
Farman v. Farman, 611 P.2d 1314 (Wash. Ct. App. 1980). · cites it 2× “RCW 26.16.190 now provides, For all injuries committed by a married person, there shall be no recovery against the separate property of the other spouse except in cases where there would be joint responsibility if the marriage did not exist.”
Kerr v. Cochran, 396 P.2d 642 (Wash. 1964). “Cofer, the court should have concluded that he was not liable as a matter of law. There was not even an allegation in the complaint or cross complaint under which Mr.”
Hill v. Withers, 348 P.2d 218 (Wash. 1960). “(2d) 724 (1941); RCW 26.16.190. Since he was not named as a party defendant in the original complaint, the attempt made in the amended complaint to make him such a party came too late, and as to him the trial court correctly dismissed the action on the ground that the statute of…”
Keene v. Edie, 131 Wash. 2d 822 (Wash. 1997). · cites it 2× “190, 4 which prevents a plaintiff who has been injured by a married person from recovering against the separate property of the nontortfeasor spouse, "certainly cannot be read to immunize the tortfeasor’s one-half interest in the community property.”
In re Ross, 173 B.R. 937 (Bankr. E.D. Wash. 1994). · cites it 8× “IS DEBTOR LIABLE PURSUANT TO RCW 26.16.190? RCW 26.16.190 which governs liability for acts of the other spouse provides: For all injuries committed by a married person, there shall be no recovery against the separate property of the other spouse except in cases where there would…”
Graham v. Radford, 431 P.2d 193 (Wash. 1967). “The plaintiff cites RCW 26.16.190, which provides: For all injuries committed by a married woman, damages may be recovered from her alone, and her husband shall not be responsible therefor, except in case where he would be jointly responsible with her if the marriage did not…”
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