Washington State Community Property Law Exam Questions and
Answers |Fall 2025/2026 Update | 100% Correct
QUESTION 1:
Which of the following best defines "community property" under Washington State law?
A. Property acquired by either spouse before marriage
B. Property acquired by gift or inheritance during marriage
C. Property acquired by either spouse during marriage that is not separate property
D. Property jointly titled in both spouses’ names only
CORRECT ANSWER: C
RATIONALE: Under Washington’s community property regime, all property acquired during a
marriage that is not characterized as separate (such as gift, inheritance, or property owned prior
to marriage) is presumed to be community property.
QUESTION 2:
True or False: Washington is one of nine states that recognizes community property principles.
CORRECT ANSWER: True
RATIONALE: Washington is indeed one of the community property states, alongside others such
as California, Texas, and Arizona.
QUESTION 3:
Which Washington statute primarily governs the characterization of marital property?
A. RCW 4.08
B. RCW 26.16
C. RCW 11.04
D. RCW 26.09
CORRECT ANSWER: B
RATIONALE: Revised Code of Washington (RCW) 26.16 outlines the provisions governing
community and separate property.
QUESTION 4:
,Short Answer:
Identify one factor the court considers when distinguishing separate property from community
property.
CORRECT ANSWER: The court considers the time and manner of acquisition, specifically
whether the property was acquired before marriage, by gift, or by inheritance.
RATIONALE: The “time of acquisition” principle is fundamental in determining property
characterization.
QUESTION 5:
If one spouse purchases real estate using funds obtained before marriage, how is the property
characterized under Washington law?
A. Community property
B. Quasi-community property
C. Separate property
D. Mixed property
CORRECT ANSWER: C
RATIONALE: Property purchased with traceable separate funds retains its separate character,
even if acquired during marriage.
QUESTION 6:
In Washington, wages earned during marriage are classified as:
A. Separate property
B. Community property
C. Quasi-separate property
D. Hybrid property
CORRECT ANSWER: B
RATIONALE: Earnings during marriage are presumed to be community property regardless of
which spouse earns them.
QUESTION 7:
,True or False: A prenuptial agreement can override Washington’s community property
presumptions.
CORRECT ANSWER: True
RATIONALE: Valid premarital agreements may alter statutory property rights if entered into
voluntarily and with full disclosure.
QUESTION 8:
Which of the following would typically be considered a spouse’s separate property?
A. Income earned by the spouse during marriage
B. Property inherited during marriage
C. Assets acquired jointly after marriage
D. Rent from community property
CORRECT ANSWER: B
RATIONALE: Property acquired by inheritance or gift remains separate property under RCW
26.16.010.
QUESTION 9:
When spouses commingle separate and community property such that they cannot be
distinguished, the property is:
A. Presumed separate
B. Presumed community
C. Divided equally by the court
D. Forfeited to the state
CORRECT ANSWER: B
RATIONALE: Commingled property that loses its separate identity becomes community property
under the presumption of RCW 26.16.
QUESTION 10:
Short Answer:
What is the “inception of title” rule as applied in Washington’s community property system?
, CORRECT ANSWER: It means that the property’s character (community or separate) is
determined at the time the right to ownership first arises.
RATIONALE: The inception of title doctrine establishes that later events do not generally change
the original character of the property.
QUESTION 11:
A married couple owns stock purchased during the marriage using community funds. Dividends
from that stock are:
A. Separate property
B. Community property
C. Quasi-community property
D. Undefined property
CORRECT ANSWER: B
RATIONALE: Income or profits from community property are themselves community property.
QUESTION 12:
True or False: The community property presumption can be rebutted by clear and convincing
evidence.
CORRECT ANSWER: True
RATIONALE: A spouse asserting separate ownership must provide clear and convincing evidence
to rebut the presumption that property acquired during marriage is community.
QUESTION 13:
Which of the following actions can convert separate property into community property?
A. Execution of a separate declaration
B. Mutual agreement between spouses to transmute ownership
C. Inheritance during marriage
D. Maintaining property solely in one spouse’s name
CORRECT ANSWER: B
RATIONALE: Spouses may expressly or implicitly agree to transform (transmute) separate
property into community property by mutual consent.
Answers |Fall 2025/2026 Update | 100% Correct
QUESTION 1:
Which of the following best defines "community property" under Washington State law?
A. Property acquired by either spouse before marriage
B. Property acquired by gift or inheritance during marriage
C. Property acquired by either spouse during marriage that is not separate property
D. Property jointly titled in both spouses’ names only
CORRECT ANSWER: C
RATIONALE: Under Washington’s community property regime, all property acquired during a
marriage that is not characterized as separate (such as gift, inheritance, or property owned prior
to marriage) is presumed to be community property.
QUESTION 2:
True or False: Washington is one of nine states that recognizes community property principles.
CORRECT ANSWER: True
RATIONALE: Washington is indeed one of the community property states, alongside others such
as California, Texas, and Arizona.
QUESTION 3:
Which Washington statute primarily governs the characterization of marital property?
A. RCW 4.08
B. RCW 26.16
C. RCW 11.04
D. RCW 26.09
CORRECT ANSWER: B
RATIONALE: Revised Code of Washington (RCW) 26.16 outlines the provisions governing
community and separate property.
QUESTION 4:
,Short Answer:
Identify one factor the court considers when distinguishing separate property from community
property.
CORRECT ANSWER: The court considers the time and manner of acquisition, specifically
whether the property was acquired before marriage, by gift, or by inheritance.
RATIONALE: The “time of acquisition” principle is fundamental in determining property
characterization.
QUESTION 5:
If one spouse purchases real estate using funds obtained before marriage, how is the property
characterized under Washington law?
A. Community property
B. Quasi-community property
C. Separate property
D. Mixed property
CORRECT ANSWER: C
RATIONALE: Property purchased with traceable separate funds retains its separate character,
even if acquired during marriage.
QUESTION 6:
In Washington, wages earned during marriage are classified as:
A. Separate property
B. Community property
C. Quasi-separate property
D. Hybrid property
CORRECT ANSWER: B
RATIONALE: Earnings during marriage are presumed to be community property regardless of
which spouse earns them.
QUESTION 7:
,True or False: A prenuptial agreement can override Washington’s community property
presumptions.
CORRECT ANSWER: True
RATIONALE: Valid premarital agreements may alter statutory property rights if entered into
voluntarily and with full disclosure.
QUESTION 8:
Which of the following would typically be considered a spouse’s separate property?
A. Income earned by the spouse during marriage
B. Property inherited during marriage
C. Assets acquired jointly after marriage
D. Rent from community property
CORRECT ANSWER: B
RATIONALE: Property acquired by inheritance or gift remains separate property under RCW
26.16.010.
QUESTION 9:
When spouses commingle separate and community property such that they cannot be
distinguished, the property is:
A. Presumed separate
B. Presumed community
C. Divided equally by the court
D. Forfeited to the state
CORRECT ANSWER: B
RATIONALE: Commingled property that loses its separate identity becomes community property
under the presumption of RCW 26.16.
QUESTION 10:
Short Answer:
What is the “inception of title” rule as applied in Washington’s community property system?
, CORRECT ANSWER: It means that the property’s character (community or separate) is
determined at the time the right to ownership first arises.
RATIONALE: The inception of title doctrine establishes that later events do not generally change
the original character of the property.
QUESTION 11:
A married couple owns stock purchased during the marriage using community funds. Dividends
from that stock are:
A. Separate property
B. Community property
C. Quasi-community property
D. Undefined property
CORRECT ANSWER: B
RATIONALE: Income or profits from community property are themselves community property.
QUESTION 12:
True or False: The community property presumption can be rebutted by clear and convincing
evidence.
CORRECT ANSWER: True
RATIONALE: A spouse asserting separate ownership must provide clear and convincing evidence
to rebut the presumption that property acquired during marriage is community.
QUESTION 13:
Which of the following actions can convert separate property into community property?
A. Execution of a separate declaration
B. Mutual agreement between spouses to transmute ownership
C. Inheritance during marriage
D. Maintaining property solely in one spouse’s name
CORRECT ANSWER: B
RATIONALE: Spouses may expressly or implicitly agree to transform (transmute) separate
property into community property by mutual consent.
