Does the name on title matter? Do items, such as both spouses' vehicles and real estate count?
It depends. Community property is not so simple. It depends on whether the items were obtained through gift, device, or bequest. If the money used to purchase the items can be traced to community funds or non-community funds, whether there was a pre-nuptual agreement or other agreement between the parties.
Then you have the problem of valuation, you have to find out if the community added value to a non-community asset - like a home. Aaaaaand thats just off the top of my head.
Use an attorney - much easier.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
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Not to avoid your question, but community property can be a semester-long course in law school, so answers are not that simple. The biggest factor is "origin of title." If property is acquired DURING MARRIAGE, it is presumed to be community property, regardless of how it is titled. That presumption of community can be rebutted if proven that the property is acquired by gift, from separate funds, or inheritance. So, the name on the title is actually not a terribly important factor.
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