COMMunIty PrOPerty AnD PrObAte AnD truSt LAW
Other PrOPerty rIghtS • A domestic partner not named in a will
• Property of domestic partners is that was created before registration of the
subject to community property laws. domestic partnership is an omitted
• A domestic partner's property is domestic partner for purposes of intestate
obligated to family expenses and distribution.
education of the children. • Letters testamentary go to the surviving
domestic partner to administer community
Domestic
• The slayer statute prohibits inheritance by
a domestic partner perpetrator. property.
• Procedures under probate involving
Partnerships
• Homestead may consist of property
owned by domestic partners. transfer of community property apply to
domestic partners.
JuDICIAL PrOCeSS AnD VICtIM'S • The court may award a certain amount
from the estate to decedent's domestic
rIghtS partner for purposes of family support and
• A domestic partner may sue on behalf of the award is exempt from creditors.
the community, and contributory fault of a
domestic partner is not imputed to the other
domestic partner in civil actions. *Due to the complexity of the legal A summAry of 2008
• Testimonial privilege for spouses applies changes, domestic partners may benefit
to domestic partners. from seeking legal counsel. ChAnges to stAte
• A domestic partner is a "family or house-
hold member" for purposes of domestic lAws regArDing
violence laws. Washington State
Corporations Division DomestiC
tAxeS 801 Capitol Way
• Property assigned from one domestic Olympia, WA 98504 PArtnershiPs
partner to another under dissolution decree
is exempt from real estate excise tax. Information Line
• Property tax deferrals for eligible persons, (360) 725-0377
such as senior citizens meeting certain
criteria, extend to the person's surviving Mailing Address
domestic partner. Office of the Secretary of State
• The transfer of property between Corporations Division
domestic partners may give rise to fed- PO Box 40234
eral gift tax or income tax consequences, Olympia, WA 98504
and you are advised to consult with a tax
professional to determine the scope of Online Information
these tax effects on your situation. www.secstate.wa.gov
PubLIC OffICIALS domestic partners of incapacitated (3) The domestic partnership is not more
• Appointed and elected officials must persons. than five years in duration;
disclose financial affairs of domestic • Domestic partners may file a petition to
partners. determine effectiveness of power of (4) Neither party has any ownership
• Gifts received by an elected official's attorney, receive an accounting and interest in real property and neither party
domestic partner are subject to public request other information from power of leases a residence (except a lease of a
disclosure reporting requirements. attorney. residence occupied by either party that
• A domestic partner of an elected official terminates in a year and does not include
may not be a member of Washington DISSOLutIOn, PArentIng PLAnS, an option to buy);
Citizens’ Commission on Salaries for ChILD SuPPOrt
Elected Officials. (5) There are no unpaid obligations over
• Procedures for dissolution apply to
$4,000 incurred by either or both parties
domestic partners.
PubLIC ASSIStAnCe after the domestic partnership registration,
• Child support, maintenance,
except for debts on a vehicle (this thresh-
• When filing a lien against a person's parenting plan obligations, and
old amount will be reviewed and adjusted
property as reimbursement for receiving procedures for enforcing such orders,
for inflation);
medical assistance, the Department of apply to domestic partners.
Social and Health Services must consider (6) The total fair market value of
hardship to a person’s domestic partner, To terminate a domestic partnership, a
community property assets, minus any
to the same extent hardship is considered domestic partner must file a petition for
encumbrances, is LESS THAN $25,000
for spouses. dissolution in superior court and follow the
AND NEiTHEr PArTy has separate
• Domestic partners who are residents in same procedures applicable to dissolution
property assets in excess of $25,000
long-term care facilities or nursing homes of marriages. Once a month, the State
(this threshold amount will be reviewed
may share the same room. registrar of Vital Statistics must submit
and adjusted for inflation);
• An abused same-sex domestic partner to the Secretary of State a list of persons
is considered a "victim" for purposes of who have dissolved their domestic part-
(7) The parties have executed an agree-
services provided by domestic violence nerships.
ment establishing the division of assets
shelters. and debts and have executed any docu-
Parties may use a nonjudicial termination
ments to effectuate the agreement; and
VeterAnS process by filing a notice of termination
• State colleges and universities shall with the Secretary of State if, at the time
(8) The parties waive any rights to main-
waive tuition for domestic partners of of filing the notice:
tenance by the other party. A domestic
deceased or disabled veterans if certain partnership is no longer automatically
conditions are met. (1) Both parties desire that the domestic
terminated if the parties enter into a
• Services are available for honorably partnership be terminated and both have
marriage recognized in this state with
discharged indigent veterans. signed the notice of termination;
another person.
(2) Neither party has minor children,
guArDIAnShIP AnD POWerS
whether born or adopted before or after
Of AttOrney the domestic partner registration and nei-
• Procedures under guardianship laws, ther party is pregnant;
including who is entitled to notice, apply to