Key Takeaways
- Washington is a community property state - property acquired during marriage is generally community property
- Washington recognizes tenancy in common and joint tenancy with right of survivorship
- Homestead protection in Washington provides some creditor protection but not property tax exemption
- Washington recognizes easements, restrictive covenants, and other property interests
- Adverse possession requires 10 years of continuous hostile possession in Washington
Washington Property Rights and Ownership
Important: This content covers Washington-specific property law. You should complete the National Real Estate Exam Prep first, as general property concepts are tested on the national portion.
Washington is one of only 9 community property states in the U.S.
Community Property
What is Community Property?
In Washington, property acquired during marriage is presumed to be community property:
| Property Type | Classification |
|---|---|
| Property acquired during marriage | Community property (presumed) |
| Income earned during marriage | Community property |
| Property owned before marriage | Separate property |
| Gifts and inheritances | Separate property |
| Property acquired after legal separation | Separate property |
Community Property Rules
| Rule | Explanation |
|---|---|
| Equal ownership | Each spouse owns 50% |
| Both must sign | Both spouses must sign to sell community real property |
| Division at divorce | Divided equitably by court |
| At death | Decedent's half passes per will or intestacy |
Critical Exam Point: In Washington, both spouses must sign any deed or mortgage on community property real estate.
Separate Property
Property that remains separate:
- Owned before marriage
- Received as gift or inheritance during marriage
- Acquired with separate funds (can be traced)
- Agreed to be separate in writing
Types of Property Ownership
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares allowed, no survivorship |
| Joint Tenancy with Right of Survivorship | Must be expressly stated, equal shares, survivorship |
| Community Property | Married couples, 50/50 ownership |
| Community Property with Right of Survivorship | Must be expressly stated |
Joint Tenancy in Washington
Washington recognizes joint tenancy but requires specific language:
Creating Joint Tenancy
- Must expressly state "joint tenancy" or "right of survivorship"
- The four unities required (time, title, interest, possession)
- If one joint tenant sells, joint tenancy is severed
Default Rule: Without specific survivorship language, co-ownership is presumed to be tenancy in common.
Community Property with Right of Survivorship
Washington allows married couples to hold community property with right of survivorship:
- Must be expressly stated
- Decedent's share passes automatically to survivor
- Avoids probate for real property
Homestead Protection
Washington provides homestead protection but it differs from some states:
| Feature | Washington Rule |
|---|---|
| Purpose | Creditor protection |
| Amount | Equity protection up to statutory limit |
| Automatic? | Yes, for primary residence |
| Property tax exemption? | No (unlike some states) |
What Homestead Protects
- Protects equity in primary residence from certain creditors
- Does NOT protect against mortgages, property taxes, or mechanics liens
- Does NOT provide property tax reduction
Easements and Encumbrances
Easements in Washington
| Type | Description |
|---|---|
| Appurtenant | Benefits adjoining land, runs with land |
| In Gross | Benefits person or entity |
| Prescriptive | Created by adverse use (10 years in WA) |
| By Necessity | For landlocked parcels |
Prescriptive Easement Requirements
To establish a prescriptive easement in Washington:
- 10 years of continuous use
- Use must be open and notorious
- Use must be adverse (hostile, without permission)
- Use must be continuous
Adverse Possession
Washington allows adverse possession after 10 years of:
| Requirement | Description |
|---|---|
| Actual | Physical possession and use |
| Open | Visible to the owner |
| Notorious | Known to others |
| Exclusive | Claimant has exclusive control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for 10 years |
Note: Washington's 10-year period is shorter than many states. Color of title may reduce the period to 7 years.
Washington is a community property state. What does this mean for property acquired during marriage?
How long must continuous adverse use occur to establish a prescriptive easement in Washington?