Henry and Olivia are married Washington residents. Henry wants to give his sister a parcel of land he owns as his separate property. Olivia refuses to consent to the transfer. Henry argues that because the land is his separate property, he does not need Olivia's signature on the deed. Under Washington law, which of the following is correct?

Question

Property OwnershipCommunity_property_rules_and_spousal_consentHARD

Henry and Olivia are married Washington residents. Henry wants to give his sister a parcel of land he owns as his separate property. Olivia refuses to consent to the transfer. Henry argues that because the land is his separate property, he does not need Olivia's signature on the deed. Under Washington law, which of the following is correct?

Answer Options

A

Henry is correct; a spouse may convey their own separate real property without the other spouse's signature or consent

B

Henry is incorrect; both spouses must always sign any deed conveying real property in Washington, regardless of whether it is separate or community property

C

Henry is incorrect; a spouse needs the other spouse's signature to convey separate property only if the transfer is a gift rather than a sale

D

Henry is correct only if the separate property was acquired before the marriage; separate property acquired during marriage requires both signatures