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Property OwnershipCommunity_property_with_right_of_survivorshipHARD

Yuki and Daniel are married and purchase a home in Federal Way, Washington. The deed is recorded in Yuki's name only, with no mention of Daniel. During the marriage, the couple uses Yuki's wages (earned during the marriage) to make all mortgage payments. Daniel later claims a community property interest in the home. Under Washington law, which statement is most accurate?

Correct Answer

A) Daniel has a community property interest because the home was purchased with community funds (wages earned during marriage), regardless of how title is recorded

Under Washington community property law, the manner in which title is recorded does not necessarily determine the true ownership of the property. There is a strong presumption that property purchased with community funds (such as wages earned during marriage) is community property, even if title is recorded in only one spouse's name. Daniel can assert a community property interest in the home because it was purchased with Yuki's wages, which are community property under RCW 26.16.030. The form of title on the deed is not conclusive as between spouses.

Answer Options
A
Daniel has a community property interest because the home was purchased with community funds (wages earned during marriage), regardless of how title is recorded
B
Daniel has an interest only if he files a lis pendens with the county recorder within one year of the purchase
C
Daniel has an interest only if he can prove he contributed labor to improve the property during the marriage
D
Daniel has no interest because the deed is recorded solely in Yuki's name, and the deed controls ownership

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Related Topics & Key Terms

Key Terms:

community_propertytitle_recordingcommunity_fundswashington_community_property
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