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Articles 121 - 150 of 180
Full-Text Articles in Family Law
Community Property—Community Property Agreement—Private Pension Fund—Designated Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The conflict in the Washington Supreme Court as to priority between contract law and community property law, which resulted in a 5-4 decision in Occidental Life Ins. Co. v. Powers, is still present after 27 years. The contract at issue in the principal case was the General Electric Pension Trust, to which decedent had contributed premiums for 13 1/2 years. During that time decedent had been married three times and divorced twice. Neither divorce decree had disposed of the pension funds, and decedent's second wife was the designated beneficiary at his death. During his third marriage, decedent and his third …
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Washington Law Review
Washington marital communities have been immune since 1890 from liability for tortious acts committed by a public officer in performance of his official duties. The Washington Supreme Court reviewed this rule once again in an action for false arrest and imprisonment against a Port of Seattle commissioner. Defendant, an employer ex officio of the security guard at the Seattle-Tacoma International Airport, personally arrested and maintained custody over plaintiff for a period in excess of three hours. Plaintiff sued the commissioner, his marital community, and Port of Seattle. Suit against Port of Seattle was dismissed, but judgment was entered against defendant …
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Washington Law Review
Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a …
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Washington Law Review
Plaintiff, an Air Force officer stationed in Alaska, commenced action for divorce under the provisions of an Alaska statute which extends divorce jurisdiction to military personnel who have resided within the state for one year. Defendant, a domiciliary of Pennsylvania, made a general appearance by attorney and contested the court's jurisdiction to grant the decree, alleging that plaintiff was not an Alaska domiciliary. The lower court dismissed plaintiff's complaint for lack of jurisdiction. On appeal, the Alaska Supreme Court reversed. Held: An Alaska court has jurisdiction to grant divorces to military personnel who have resided in the state for one …
Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe
Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe
Washington Law Review
This note concerns the conflict between federal and state law in a difficult though narrow area which is representative of broader problems in contemporary federalism. Specifically, the subject is the clash between the survivorship provisions of United States savings bonds and state community property laws, as evinced in two recent cases, Free v. Bland and Yiatchos v. Yiatchos. These cases will be examined while seeking an answer to two questions: "How were the cases actually decided?" and "How should they have been decided?"'
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Washington Law Review
The statute which creates the husband-wife contract commonly referred to as the community property agreement was first enacted by the Territorial Legislature of 1879. Today's statute is RCW 26.16.120.2 A 1950 Law Review Comment' made a comprehensive analysis of many of the issues raised by the community property agreement. Reference is made to the Comment for background material. This article has a dual purpose: first, to inquire further into some of the issues discussed in the 1950 Comment with particular and detailed attention to creditors' problems, and second, to examine today's practice as to the use of these agreements, looking …
The Challenge Of Apportionment, Donald B. King
The Challenge Of Apportionment, Donald B. King
Washington Law Review
During the past half century, one of the most significant problems in the area of community property has been the apportionment of income or of an increase in value in situations involving the expenditure of community labor on separate property. Arising out of a conflict between fundamental community property concepts, this problem has served to perplex lawyers and judges alike. Confronted with the problem, courts have designed a number of systems of apportionment with wide-ranging consequences. Some of these systems, however, are inequitable, others are inflexible, and still others lack any definite criteria. Despite the efforts devoted toward solving this …
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Washington Law Review
Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which …
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 …
Domestic Relations, Dale Kremer
Domestic Relations, Dale Kremer
Washington Law Review
Covers cases on the modification of child custody awards—jurisdictional requirements.
Domestic Relations, William L. Carter
Domestic Relations, William L. Carter
Washington Law Review
Covers cases on adoption—necessity of consent by natural parent—constitutitonal aspects.
Recent Community Property Decisions, Toni C. Rembe
Recent Community Property Decisions, Toni C. Rembe
Washington Law Review
Covers cases on the character of federal savings bonds purchased with community funds and property acquired under installment purchase contracts.
The Divorce Act Of 1949—One Decade Later, Luvern Rieke
The Divorce Act Of 1949—One Decade Later, Luvern Rieke
Washington Law Review
In the legislative session of 1949 a new divorce law was enacted. Proposed departures from the existing act had been reported to the State Bar Association. The objectives and contemplated effects of the new legislation were discussed in an article immediately after the act was adopted. Trouble was predicted Today, with ten years of experience under the act and in light of 172 reported opinions dealing with it, it seems appropriate to see what has occurred. The objective of this review is to identify, by placing together the related decisions of the Washington court, trends which have appeared and significant …
Community Property, Richard W. Shelton
Community Property, Richard W. Shelton
Washington Law Review
Covers cases on the surrender value of community insurance subject to inheritance tax and on distinguishing community and separate property.
Domestic Relations, Frank J. Woody
Domestic Relations, Frank J. Woody
Washington Law Review
Covers cases on property settlement agreements—contempt—imprisonment for debt.
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Washington Law Review
It will be recalled that in Williams v. North Carolina, the Supreme Court of the United States held that the fact of domicile as a jurisdictional factor for divorce may be questioned abroad when the matter of full faith and credit is in issue there. On the same day that this case was decided, a majority of the Court arrived at the same conclusion in the case of Esenwein v. Commonwealth of Pennsylvania. Except for the concurring opinion of Justice Douglas, the Esenwein case would have no particular significance. The background facts were similar to those in the second Williams …
The Migratory Divorce, George W. Stumberg
The Migratory Divorce, George W. Stumberg
Washington Law Review
If, no matter what the reason for the migration, the spouse who has obtained the foreign decree returns to his usual abode, a court there may be confronted with the problem of the local effect of the decree. The problem is one which has been with us with varying degrees of intensity since almost the very formation of the American Union.
Community Property, James V. O'Conner
Community Property, James V. O'Conner
Washington Law Review
Covers cases on mutual observance by spouses of separate property agreements.
Domestic Relations, Philip Austin
Domestic Relations, Philip Austin
Washington Law Review
Covers cases on direct support by a father as a defense to his liabiity for nonpayment of child support money and on enforcement of a foreign separate support judgment.
Community Property, Lawrence M. Ross
Community Property, Lawrence M. Ross
Washington Law Review
Covers cases on the right of survivorship in joint tenancy bank accounts.
Domestic Relations, Anon
Domestic Relations, Anon
Washington Law Review
Covers a case on the right of contribution between parents for the support of their minor children.
Community Property, William H. Mays
Community Property, William H. Mays
Washington Law Review
Covers cases on tort liability and conflict of laws.
Domestic Relations, David Wayne Gittinger
Domestic Relations, David Wayne Gittinger
Washington Law Review
Covers cases on divorce—jurisdiction to grant custody and alimony in Washington.
Juveniles, William E. Love
Juveniles, William E. Love
Washington Law Review
Covers selected laws affecting juveniles.
Domestic Relations, Luvern Rieke
Domestic Relations, Richard D. Bonesteel, John R. Tomlinson
Domestic Relations, Richard D. Bonesteel, John R. Tomlinson
Washington Law Review
Covers cases on child custody, alimony (Bonesteel), and the right to a collateral attack (Tomlinson).
Annulment Under The Washington Divorce Act Of 1949, John R. Tomlinson
Annulment Under The Washington Divorce Act Of 1949, John R. Tomlinson
Washington Law Review
In the law of domestic relations, an anulment is to be distinguished from a divorce, in that a divorce is the termination, dissolution or suspension of a previously existing valid marriage; usually for some cause arising after the marriage, whereas an annulment is a court decree proclaiming that an obstensibly legal marital relationship is stripped of its color of legality, and declared void ab initio, for some reason existing at the time of the marriage
Community Property—Ownership During Probate Of The Estate Of One Spouse For Income Tax Purposes, John A. Gose
Community Property—Ownership During Probate Of The Estate Of One Spouse For Income Tax Purposes, John A. Gose
Washington Law Review
In the case of U.S. v. Merrill, 211 F.2d 297, (9th Cir. 1954), the court held that when a wife dies in the state of Washington leaving solely community property and the surviving spouse serves as executor of her estate, only one-half of the executor's fee paid to the husband from community funds is taxable to him as income. The other one-half of the fee is chargeable to his share of community property. Further, the court in dictum said that when one spouse dies leaving an estate consisting only of community property, the executor or administrator is not the owner …
Domestic Relations, Alice D. Hubbard
Domestic Relations, Alice D. Hubbard
Washington Law Review
Covers cases on the disposition of property in divorce and on the power and jurisdiction of juvenile courts.
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Washington Law Review
The superior court of Washington for King County deprived the parents of X, a minor, of any and all parental rights in or to the child and directed that he be a ward of the court. Y, the maternal grandmother, petitioned for custody of the child. After complete and extended inquiry into Y's ability to care for the child the superior court (called the juvenile court in this type of proceeding), denied the request for custody due primarily to Y's tubercular condition. Held Reversed and remanded. When the parents were permanently deprived of custody the grandmother became the natural guardian …