Washington State Domestic Partnership Real Estate Laws and Property Property Rights , Same Sex Couples Real Estate Laws and Property Property Rights, Domestic Partners

A note from the author:
I would like to acknowledge and thank Charlene Strong of Seattle for her selfless act of courage and recognize the impact she has made in the creation of this new Domestic Partnership Law. Charlene stood before both the Senate and the House and eloquently shared the very personal story of her partner’s (Kate Fleming) tragic passing and the legal road blocks she encountered throughout those last hours. Charlene’s willingness to share her story exposed in very real terms the consequences of antiquated ideas. She turned a tragedy into a tool for understanding, compassion and acceptance and helped lead us toward a more equal and fair world. For more on Charlene’s story visit www.ForMyWife.info

Lynn Robertson,
Owner/Broker of YourSeattleHomeTeam.com, Inc.
and a grateful Domestic Partner.

In March of 2008 a new law was passed in the state of Washington which changes the existing, more limited Domestic Partnership Laws enacted last year. This new law takes effect on June 12, 2008 and it gives Domestic Partners over 160 new rights and responsibilities. For a more complete list of the total changes please go to www.secstate.wa.gov.

The following is a summary from the Washington Secretary of
the 2008 changes to Washington State Laws regarding
Domestic Partnerships and Real Estate Taxes, Dissolution of Real Property,
and Community Property and Probate and Trust Law
Real Estate Taxes

•  Property assigned from one domestic partner to another under dissolution decree is exempt from real estate excise tax.
•  Property tax deferrals for eligible persons, such as senior citizens meeting certain criteria, extend to the person’s surviving domestic partner.
•  The transfer of property between domestic partners may give rise to federal gift tax or income tax consequences, and you are advised to consult with a tax      professional to determine the scop of these tax effects on your situation.

Dissolution of Property
To terminate a domestic partnership, a domestic parner must file a petition for dissolution in superior court and follow the same procedures applicable to dissolution of marriages. Once a month, the State Registrar of Vital Statistics must submit to the Secretary of State a list of persons who have dissolved their domestic partnerships.

Parties may use a nonjudicial termination process by filing a notice of termination with the Secretary of State if, at the time of filing the notice:

1. Both parties desire that the domestic partnership be terminated and both have signed the notice of termination;

2. Neither party has minor children, whether born or adopted before or after the domestic partner registration and neither party is pregnant;

3. The domestic partnership is not more than five years in duration;

4. Neither party has any ownership interest in real property and neighter party leases a residence (except a lease of residence occupied by either party that terminates      in a year and dos not include an option to buy);

5. There are no unpaid obligations over $4,000 incurred by either or both parties after the domestic partnership registration, except for debts on a vehicle (this      threshold amount will be reviewed and adjusted for inflation);

6. The total fair market value of community property assets, minus any encumbrances, is LESS THAN $25,000 AND NEITHER PARTY has separate property assets in      excess of $25,000 (this threshold amount will be reviewed and adjusted for inflation);

7. The parties have executed an agreement establishing the division of assets and debts and have executed any documents to effectuate the agreement; and

8. The parties waive any rights to maintenance by the other party. A domestic partnership is no longer automatically terminated if the parties enter into a marriage      recognized in this state with another person.

Community Property and Other Property Rights

•  Property of domestic partners is subject to community property laws.

•   A domestic partner’s property is obligated to family expenses and education of the children.

•  The slayer statue prohibits inheritance by a domestic partner perpetrator.

•  Homestead may consist of property owned by domestic partners.
     Probate Trust Law

•   A domestic partner not named in a will that was created before registration of the domestic partnership is an omitted domestic partner for purposes of intestate      distribution.

•   Letters testamentary go to the surviving domestic partner to administer community property.

•   Procedures under probate involving transfer of community property apply to domestic partners.

•   The court may award a certain amount from the estate to decedent’s domestic partner for purposes of family support and the award is exempt from creditors.