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Walter Robert Krueger
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  • My spouse has died recently - we have been married for 30 years, but for the majority of that time we lived seperate lives.

    We quick claimed each others homes years ago, and also filed married but seperate on our income tax returns. My spouse did not have a will, so is his residence community porperty in WA state?

    Walter’s Answer

    When a husband and wife are married in the State of Washington the presumption is that all property is community which can be rebutted with clear and convincing evidence. The form of the deeds will be important as well as other facts surrounding your separation. The facts may or may not be sufficient to establish the separate nature of the property. If it is community, then the spouse inherits 100% of the community property under the laws of descent and distribution of Washington State. If separate, the property is divided equally between the spouse and the children. The answer to your our question is fact and law specific and requires more information from you.

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