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The Community Property Law In Washington (Revised 1985), Harry M. Cross
The Community Property Law In Washington (Revised 1985), Harry M. Cross
Washington Law Review
The author has twice previously summarized the community property law of Washington. In the eleven years since the most recent effort there have been enough changes to warrant a repetition of the task. Much of the discussion in the 1974 article is still appropriate, needing only reference to any later cases; accordingly, some parts of this article will essentially be an updated and revised version of the earlier article. There are also areas, however, in which the more recent cases prompt a new, more extensive, or modified analysis. The article undertakes that new analysis as well as incorporating the appropriately …
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Washington Law Review
The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.
Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross
Washington Law Review
These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.
Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks
Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks
Washington Law Review
The theory of modem domestic relations law—marriage as partnership—requires recognition of the non-employee spouse's ownership interest in the pension. This note challenges the Francis court's finding that recognition of the non-employee spouse's ownership interest was preempted by ERISA, concluding that Congress did not intend to bring about the regression in domestic relations law that Francis threatens.
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Washington Law Review
This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
Washington Law Review
This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Washington Law Review
In 1972, the Washington Legislature amended Washington's community property laws, granting the wife management powers equal to those of her spouse. Professor Cross examines the impact of the amendments upon existing Washington law, emphasizing expected practical difficulties in community business transactions and transactions involving household goods.
Communty Property—Antenuptial Debts—Eliminating Immunity Of Earnings And Accumulations Of Debtor Spouse.—Rcw 26.16.200, As Amended By Ch. 121, Laws Of 1969, 1st Extraordinary Session, Anon
Washington Law Review
Washington case law has made some inroads into the insulation of community assets, based on policy considerations favoring alimony. In Fisch v. Marler, the husband's remarriage did not prevent his first wife from garnishing his salary to satisfy alimony obligations. In Stafford v. Stafford, however, the policy considerations were not sufficiently strong to allow the first wife to attach community real property acquired during the second marriage of the husband. Federal tax law has also diluted the immunity." The most recent and significant abrogation, however, is statutory. During the 1969 Extraordinary Session, the Washington Legislature rendered the community less inviolate …
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Washington Law Review
The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
The Community Property Agreement Statute, Sidney R. Buckley
The Community Property Agreement Statute, Sidney R. Buckley
Washington Law Review
What is the meaning of our community property agreement statute, Rem. Rev. Stat. § 6894 [P.P.C. § 434-39]? Now might be a proper time to examine it and to attempt to determine its purpose, how it has been interpreted, and how well it carries out the purpose for which it was enacted. Though it was enacted by the territorial legislature in 1879, there have been few cases involving community property agreements.
Community Property And Tort Liability In Washington, Howard P. Pruzan
Community Property And Tort Liability In Washington, Howard P. Pruzan
Washington Law Review
Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot …
Community Interest In Commingled Income, Derived From Personal Service And Separate Capital—Another View, Benjamin H. Kizer
Community Interest In Commingled Income, Derived From Personal Service And Separate Capital—Another View, Benjamin H. Kizer
Washington Law Review
The lawyers of this state are deeply indebted to Mr. Francis A. LeSourd of the Seattle Bar for his thoughtful and scholarly analysis of "Community Property Status of Income from Business Involving Personal Service and Separate Capital." This article gives special pleasure in that Mr. LeSourd has taken pains to go to the historic roots of the problem—in the Spanish law and in the early decisions of other states. However, I am not at peace with one of Mr. LeSourd's conclusions. I venture, therefore,. to present an alternative to the view Mr. LeSourd has taken.
Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd
Community Property Status Of Income From Business Involving Personal Services And Separate Capital, F. A. Lesourd
Washington Law Review
Still uncertain in many community property states after a half century of litigation is the community or separate status of income derived by the husband or wife from a business involving personal services and separate capital.
Invasions Of The Community Property Income Tax Privileges, Franklin C. Latcham
Invasions Of The Community Property Income Tax Privileges, Franklin C. Latcham
Washington Law Review
For a period of over twenty years the eight community property states have enjoyed the privilege of dividing the total community income of the husband and wife between the spouses for income tax purposes and thus, in the higher income brackets at least, effecting a sizable reduction in tax liability. The basis for this benefit is found in the decisions of the United States Supreme Court, especially in the case of Poe v. Sanborn, wherein the court held that because under the local law of Washington a wife had a vested interest in one half of the community property she …
Federal Estate Taxation And The Wiener Case, George Donworth
Federal Estate Taxation And The Wiener Case, George Donworth
Washington Law Review
On February 28, 1944, the Supreme Court of the United States by a six to three decision dismissed for want of jurisdiction the case of Flournoy, Sheriff and Ex-Officio Tax Collector of Caddo Parish, Louisiana, against Samuel G. Wiener and others. The majority opinion was written by Chief Justice Stone, and there was a dissenting opinion by Justice Frankfurter in which Justices Roberts and Jackson concurred. The dismissal naturally carries no intimation of the views of the Justices on the merits of the case which involved constitutional points of much importance, especially to property owners in the states where the …
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Washington Law Review
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library. The classification plan is very general as a detailed one is not required.
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Washington Law Review
The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Washington Law Review
No abstract provided.
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Washington Law Review
the ten year period of 1922-32 over one hundred cases involving the law of community property were decided by the Supreme Court of Washington. Many of the cases merely reaffirm well established principles of the law and constructions of the statutes, and the importance of these cases is largely negative. Other cases in which established principles are either extended in application, modified, or rejected, are of positive significance as landmarks in the development and growth of the law It is the purpose of this article (1) to picture that development, and (2) to append to the decisions such comment as …
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Washington Law Review
The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …
Liability Of The Entire Community Estate For The Payment Of State Inheritance Tax Where Husband Undertakes To Dispose Of Entire Community Estate By Will And Wife Elects To Take Under The Will, Judson F. Falknor
Washington Law Review
The question suggested by this topic has not been passed upon by the Supreme Court of this state and has already proven troublesome in a good many pending estates. In this paper, the problem will be discussed from the standpoint of the local inheritance tax and community property statutes, without any especial attention to the similar question which arises under the federal estate tax laws. However, while the state tax and the Federal tax are undoubtedly fundamentally different in their nature, it is thought that the solution of the problem as to the state tax will likewise solve it as …
Federal Taxation Of Community Incomes—The Recent History Of Pending Questions, George Donworth
Federal Taxation Of Community Incomes—The Recent History Of Pending Questions, George Donworth
Washington Law Review
By the constitution of the United States, the Congress has power to lay and collect taxes, to pay the debts and provide for the common defense and general welfare of the United States. The constitution, however, also contains the further provision that no capitation or other direct tax shall be laid unless apportioned among the states in proportion to the population as ascertained by a federal census. In the year 1895 in Pollock v. Farmers Loan & Trust Co., 157 U. S. 429, 158 U. S. 601, 39 L. Ed. 759, 39 L. Ed. 1108, the Supreme Court of …
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
Washington Law Review
One of the interesting developments in the law of community property has been the rule which declares that a married woman while living with her husband has no right to prosecute an action for personal injuries caused by the negligence of a third person without procuring her husband to join as a party plaintiff in the action. While, under the statute, the common law disabilities of a married woman are completely removed and while under the same statute the wife has the same right to appeal to the courts for redress for any unjust usurpation of her natural or property …