26.16.220 - Quasi-community property defined.

Quasi-community property defined.

(1) Unless the context clearly requires otherwise, as used in RCW 26.16.220 through 26.16.250 "quasi-community property" means all personal property wherever situated and all real property described in subsection (2) of this section that is not community property and that was heretofore or hereafter acquired:

     (a) By the decedent while domiciled elsewhere and that would have been the community property of the decedent and of the decedent's surviving spouse or surviving domestic partner had the decedent been domiciled in this state at the time of its acquisition; or

     (b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner if the decedent had been domiciled in this state at the time the original property was acquired.

     (2) For purposes of this section, real property includes:

     (a) Real property situated in this state;

     (b) Real property situated outside this state if the law of the state where the real property is located provides that the law of the decedent's domicile at death shall govern the rights of the decedent's surviving spouse or surviving domestic partner to a share of such property; and

     (c) Leasehold interests in real property described in (a) or (b) of this subsection.

     (3) For purposes of this section, all legal presumptions and principles applicable to the proper characterization of property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner under the provisions of subsection (1) of this section.

[2008 c 6 § 620; 1988 c 34 § 1; 1986 c 72 § 1.]

Notes: Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.