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Articles 61 - 90 of 134
Full-Text Articles in Family Law
Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson
Washington Law Review
On November 30, 1973, Raymond A. Ways, a member of the United States Navy on active military duty, filed a petition for dissolution of marriage in a Washington superior court. Ways had been stationed in Washington aboard the USS Enterprise (then undergoing repairs at the Puget Sound Naval Shipyard, Bremerton, Washington) since October 1973, but neither he nor his wife had ever been domiciled in Washington. Ways filed his petition in reliance upon R.C.W. § 26.09.030, a statute allowing members of the armed forces stationed in Washington to petition for dissolution of marriage in the state. On February 2, 1974, …
Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder
Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder
Washington Law Review
This note will discuss the purposes of' the amendrnents, describe how the provisions are intended to, work, and indicate what is required by HEW and the state welfare agencies for compliance. Constitutional and administrative problems that can be anticipated as the provisions are implemented will also be explored. Finally, the existing Washington State system of child support enforcement will be explained and offered as an example of a successful approach to this difficult problem.
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Washington Law Review
The economic settlement accompanying a marriage dissolution may consist of one or both of the following: (1) the initial "property settlement," sometimes referred to as a "division" of property when only community property is involved; and (2) provisions for maintenance payments categorized as alimony, child support, or some combination thereof. The tax problems of property settlements have been analyzed previously by the author. They are considered here only to the extent necessary to distinguish property settlements paid in installments from periodic maintenance payments made for the support of a former spouse, or for children of the marriage, or both. The …
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 …
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Washington Law Review
Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, …
The Community Property Law In Washington, Harry M. Cross
The Community Property Law In Washington, Harry M. Cross
Washington Law Review
Washington's present community property regime, with the major exception of the 1972 amendments, has remained largely unchanged in its basic structure since enactment by the territorial legislature in 1879. The statutes, in two separate sections, provide that property and pecuniary rights owned by each spouse at the time of marriage, any property thereafter acquired lucratively, and the rents, issues and profits therefrom constitute separate property. All property acquired after marriage which is not separate property is community property. With the 1972 changes now in effect, each spouse has equal management power over the community property. Each spouse has a general …
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
Washington Law Review
No abstract provided.
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
Washington Law Review
The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.
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.
Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F.
Washington Law Review
In the early 1950's, decedent separated from his wife and began living with appellant. During the subsequent seventeen years decedent, appellant and their four children operated a cattle ranch in Washington. In 1961 profits from that business were used to purchase property known as the Malo farm in the name of decedent. During the following years, appellant participated both in the decisions concerning the farm's management and in its day-to-day operations. Upon the death of the decedent in 1969, his surviving spouse filed a petition for probate of his will. Thereafter appellant filed a petition alleging a partnership interest in …
Community Property Law, Harry M. Cross
Community Property Law, Harry M. Cross
Washington Law Review
A book review essay considering Principles of Community Property, 2d ed., by William Q. deFuniak and Michael J. Vaughn (1971).
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Disinherits The Non-Native Wife, James B. Gilchrist
Washington Law Review
Under Washington law the marital property rights of a couple who moves to Washington are treated differently than those of a native couple. The author traces the source and effects of this practice, examines possible common law solutions, and recommends adoption of a "quasicommunity property" statute, similar to the successful California statute which gives the migratory spouse protection and inheritance tax treatment comparable to that of the native spouse.
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 …
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The United States Supreme Court recently handed down a decision reversing the Washington Supreme Court which has important ramifications in all community property jurisdictions. The problem began when Angel N. Yiatchos purchased Series E United States savings bonds with community funds. Angel became registered owner of the bonds and his brother was designated P.O.D. (payable on death) beneficiary. After Angel's death, his widow refused to deliver the bonds to the brother. The brother then brought suit against the widow individually and as executrix to determine ownership of the bonds. Angel's widow sought one-half interest in the bonds as her community …
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.