If I get married in hawaii but live in Seattle WA. will I still have community property state rights.
Seattle, WA
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Posted 7 months ago in Marriage / Prenuptials
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we both live in Seattle Wa, but are planning to get married in Hawaii in June. Once we return back to Washington State. will are marriage still be coverd under the community property state law
Answers (2)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted 7 months ago.
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You can review Chapter 26.16 RCW (Rights and liabilities – community property) at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.16 .
In general, persons living in WA are subject to WA laws. RCW 26.16.030 (Community property defined – Management and control) provides: "Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property." If you live in WA during your marriage, it will not matter that you have an out of state marriage. Forrest Lee Wagner
This attorney is licensed in Washington.
Posted 5 months ago.
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The critical point is not where you got married, but where you get divorced. If you live in Washington as a married couple then Washington could have jurisdiction in any divorce action. Under Washington law, any property acquired as a married couple in Washington is community property. However, Washington law also provides that any property acquired in other states during the marriage is characterized by the laws in effect in that state.
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