SEPARATE PROPERTY AGREEMENT THIS AGREEMENT, made this _______ day of _________ 2009, between ________________, hereinafter referred to as "husband", and _____________, hereinafter for convenience referred to as "Wife." WITNESSETH: WHEREAS, an agreement to marry is about to be entered into between the parties hereto; and WHEREAS, the parties hereto desire to settle the property and certain other rights of both the Husband and Wife after such marriage; and WHEREAS, the Husband and Wife are each the owners of certain real property, personal property, and business interests which they desire to maintain as separate; and WHEREAS, both parties hereto acknowledge that there has been a full and fair disclosure of all material facts relating to the amount, character, and value of the property involved, and that they have both given a full, fair, and adequate opportunity to inquire into any other information with respect thereto, and that each has not been denied any requests for any information and that all requests for information have been complied with; and WHEREAS, both the Husband and Wife have received independent advice, including the advice of an independent attorney, with respect to the agreement and prior to the signing of the agreement, and both the Husband and Wife acknowledge that they are signing freely and voluntarily on independent advice with full knowledge of each of their rights; and WHEREAS, the Husband desires to waive and relinquish all his rights, of whatever nature and whatever kind, (except as he may acquire through Wife's Will) in and to any property now owned by Wife, and in and to any increases in value thereof, such property including those items listed on Schedule A hereof; and WHEREAS, the Wife desires to waive and relinquish all her rights, of whatever nature and whatever kind, (except as she may acquire through Husband's Will) in and to any property now owned by Husband, and in and to any increases in value thereof, except as specifically provided for in this Agreement. NOW, THEREFORE, in consideration of the marriage, and of the covenants and conditions hereinafter set forth, it is specifically agreed as follows: 1. Husband acknowledges that the Wife has at this time, ownership in certain property as listed on Schedule A of this agreement. Husband agrees that he will not claim any right, title, or interest in any of the property described in Schedule A, or to any claim of community property 1
therein (except insofar as he may acquire any interest through Wife's Last Will and Testament) and will, upon request of Wife or her representatives, sign and acknowledge any written instrument concerning the property of Wife. This waiver and relinquishment of any claim includes the waiver and relinquishment of any claim to any increase in value of any of the property, or to any property substituted for any of the property, or to any property transferred for any of the property, including the prompt execution of a quit claim deed upon Wife's acquisition of separate property real estate. It is understood and expressly stated that this waiver and relinquishment of claims to such property, whether now or hereafter acquired or to any increases in value thereof, or any proceeds thereof, shall be effective regardless of the source of the funds or efforts used to acquire or improve the same, and regardless of whether or not Husband might otherwise be entitled to claim a community interest in such property if this agreement were not in effect. This waiver and relinquishment of any claim includes the waiver and relinquishment of any claim to any increase in value of any of the property, or to any property transferred for any of the property, or to any increase in the value of the property. In addition, this waiver, and relinquishment of claim specifically includes the waiver and relinquishment of any claim to any interest now or hereafter acquired in that certain professional practice known as ____________ or any successor practice established by ____________, whether as an individual interest, partnership, or professional corporation. Husband also acknowledges that the practice has or may in the future establish a retirement plan(s) providing retirement benefits for Wife. This waiver and relinquishment of any claim specifically includes any claim to any deposits made to or for the benefit of Wife in the retirement plan(s). In addition, Wife may retain outside of the practice certain furniture, equipment, and the like which may be leased to the practice. It is expected that the Wife will also in the future purchase additional furniture, equipment, and the like for the use of the practice. Any rental paid to Wife for compensation for use of such equipment, furniture, or the like shall be the sole and separate property of the Wife. The waiver and relinquishsent of Husband with respect to Wife's practice shall specifically include a waiver and relinquishment with respect to any good will value to which he might have contributed or otherwise arises or is increased with regard to such practice or any successor practice. 2. Wife agrees that she will not claim any right, title, or interest in any of the property described in Schedule B, or to any claim of community property therein (except insofar as she may acquire any interest through Husband's Last Will and Testament) and will, upon request of Husband or his representatives, sign and acknowledge any written instrument concerning the property of Husband, including the execution of a quit claim deed upon Husband's acquisition of separate property in the future. This waiver and relinquishment of any claim includes the waiver and relinquishment of any claim to any increase in value of any of the property, or to any property transferred for any of the property, or to any increase in the value of the property, including the prompt execution of a quit claim deed upon Husband's acquisition of separate property. In addition, this waiver and relinquishment of claim specifically includes the waiver and 2
relinquishment of any claim to any interest now or hereafter acquired in that partnership known as ____________ or any successor practice established by ____________, whether as an individual interest, partnership, or professional corporation. Wife also acknowledges that the practice has or may in the future establish a retirement plan(s) providing retirement benefits for Husband. This waiver and relinquishment of any claim specifically includes any claim to any deposits made to or for the benefit of the Husband in the retirement plan(s). In addition, Husband may retain outside of the practice certain furniture, equipment, and the like which may be leased to the practice. It is expected that the Husband will also in the future purchase additional furniture, equipment, and the like for the use of the practice. Any rental paid to Husband for compensation for use of such equipment, furniture, or the like shall be the sole and separate property of the Husband. The waiver and relinquishment of Wife with respect to Husband's practice shall specifically include a waiver and relinquishment with respect to any good will value to which she has contributed or otherwise arises or is increased with regard to such practice or any successor practice. 3. The parties expressly abrogate the community property laws of the State of Washington herein, and declare that the earnings of each are his/her separate property to be used as each party deems appropriate without the necessity to account to the other except as provided herein. The parties will establish a household budget and provide for appropriate contributions of each to the maintenance of the household as is appropriate in light of the earnings of each and the support obligation of husband on account of his prior marriage. The husband s support obligation in connection with his prior marriage shall be solely his responsibility and the wife shall have no responsibility in connection therewith, under any circumstances. In the event the parties have children of their own the needs of their children shall be assessed in arriving at the contributions of each to the household budget. It is anticipated that so long as the parties reside in the husband's separate property residence he shall have responsibility for payment of the house payment which will not be a part of the household budget. Taxes, insurance, utilities, normal household repairs, and the like should be considered as a part of the household budget. Any major expenses of the parties shall be agreed upon between the parties before either is committed to make a contribution therefore. 4. Each party shall be solely liable for the debts presently owed by each or any debt incurred hereafter unless the other party shall join in an undertaking of the debt in writing. Each party shall be obligated to hold the other harmless from any debt incurred by that party unless the other shall have joined in the obligation in writing in which case the obligation shall be joint and several unless otherwise provided in the writing. This provision shall be effective notwithstanding that the marital community or other spouse may have benefited from the debt incurred.
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5. With respect to the acquisition of personal property, each party agrees that any personal property acquired by either of them shall become and remain the property of the party paying the purchase price thereof. If the parties purchase any item of personal property jointly they shall be tenants in common as to such property with an equal undivided interest unless the condition of title reflects a different interest of the parties. Gifts given by either party to the other become the separate property of the donee. Any savings accumulated by either party shall belong to the party in whose name the account is held. Joint accounts shall be deemed to be owned equally by the parties unless otherwise provided in writing. Any stock, bond, certificate of deposit, or other chose in action shall belong to the party in whose name title is held. 6. In the event the parties take title to any real property in their joint names the property shall be owned by them as tenants in common unless the title reflects a different interest. In the event there is no other agreement drafted with respect to the acquisition of property in both names the ownership interests of the respective parties shall be in proportion to their respective contributions to the down payment and mortgage or contract payments thereon, including interest. 7. Each party specifically agrees that there are no oral or implied partnerships created as between them and specifically agree that no partnership shall be construed or implied from future acts, and that any partnership formed between them must be in writing. 8. Husband makes the following representations to Wife regarding his children by his prior marriage: ________________________. (Certain representations regarding the extent to which the children will be the responsibility of wife, etc.) 9. Household chores and domestic responsibilities will be shared between the parties by mutual agreement in such away that neither party is disproportionately burdened thereby. 10. The parties agree that they wish to be central to each other in their leisure as well as the other aspects of their marriage. To that end each commits to the other that they will plan to spend at least one weekend together per month in recreational or leisure activity. 11. The parties agree the should either party seek professional counselling from an accredited person whith respect to any aspect of our marriage, the other, if requested to attend, will attend at lease six sessions; and that both parties will cooperate fully with such counselor in attempting to resolve any problems in the relationship. 12. The parties hereto agree that they may waive the provisions of this agreement only in writing 4
at any time in the future. 13. This agreement shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 14. This agreement shall be interpreted in accordance with the laws of the State of Washington, recognizing that the purpose of the agreement is to rebut the presumption that all property acquired after marriage is community property and therefore the terms of this agreement shall take precedence over such presumption. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto the day and year first above written. ______________________________ WIFE ________________________________ HUSBAND
STATE OF WASHINGTON....) ) ) ss. ) COUNTY OF ___________.....) On this day personally appeared before me __________________ and ____________________, to me known to be the individuals described in and who executed the foregoing Agreement and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _____ day of _______________, 2009. _______________________________ _________ NOTARY PUBLIC in and for the State of Washington, residing at ____________________.
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