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Subject:   Spouse Liability for Debts Incurred Before Marriage

Useful Link: Spouse Liability for Debts Incurred Before Marriage, http://apps.leg.wa.gov/RCW/default.aspx?cite=26.16.200

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RCW 26.16.200 Debts incurred before marriage or domestic partnership — Separate debts — Child support obligation — Liability.

Neither person in a marriage or state registered domestic partnership is liable for the debts or liabilities of the other incurred before marriage or state registered domestic partnership, nor for the separate debts of each other, nor is the rent or income of the separate property of either liable for the separate debts of the other: PROVIDED, That the earnings and accumulations of the spouse or domestic partner shall be available to the legal process of creditors for the satisfaction of debts incurred by such spouse or domestic partner prior to the marriage or the state registered domestic partnership. For the purpose of this section, neither person in the marriage or the state registered domestic partnership shall be construed to have any interest in the earnings of the other: PROVIDED FURTHER, That no separate debt, except a child support or maintenance obligation, may be the basis of a claim against the earnings and accumulations of either spouse or either domestic partner unless the same is reduced to judgment within three years of the marriage or the state registered domestic partnership of the parties. The obligation of a parent or stepparent to support a child may be collected out of the parent’s or stepparent’s separate property, the parent’s or stepparent’s earnings and accumulations, and the parent’s or stepparent’s share of community personal and real property. Funds in a community bank account which can be identified as the earnings of the nonobligated spouse or nonobligated domestic partner are exempt from satisfaction of the child support obligation of the debtor spouse or debtor domestic partner.

 

[2008 c 6 § 617; 1983 1st ex.s. c 41 § 2; 1969 ex.s. c 121 § 1; Code 1881 § 2405; 1873 p 452 § 10; RRS § 6905.]

 

Notes:

Part headings not law — Severability — 2008 c 6: See RCW 26.60.900 and 26.60.901.Severability — 1983 1st ex.s. c 41: See note following RCW 26.09.060.Collection actions against community bank account: RCW 74.20A.120.