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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I live in WA. We dont want to divorce. He lives in another

Customer Question

I live in WA. We dont want to divorce. He lives in another state MA.
We own a home in WA in have a child. We both pay the mortgage and child care expenses
I want to buy another property in WA which will become my primary residence. I will buy it with my own loan. We will rent out first property.
What is the best way for me to be the sole owner of this new property ?
He may be willing to give up rights to first property. If he does not have to pay the mortgage and i compensate him for it
What legal way can we do this, since this is a community property state ?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 4 years ago.

Hello again,

Normally, all property acquired during the marriage is considered community property no matter which spouse's name is XXXXX XXXXX property, except property acquired by gift or inheritance.

Because of this, the best way to modify how property is characterized while remaining married, is to enter into a post-nuptial agreement setting out the terms you both agree to. By doing that, you would typically avoid the property being characterized according to law in a manner you do not wish to occur.

Here is a link to the WA code which governs post-nuptial agreements:

Here is a link to a site which provides such agreements for a small fee. It is best to retain an attorney though, at least to review the contract before it is signed by the spouses:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Expert:  Tina replied 4 years ago.

Hello again,

I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

Is there anything else I can assist you with?

If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile:

Thank you very much and all the best to you.