§ 8.03 COMMUNITY PROPERTY OWNED BY, AND COMMUNITY PROPERTY AGREEMENTS ENTERED INTO BY, NONRESIDENT COUPLES

• Jurisdiction: Washington

§ 8.03 COMMUNITY PROPERTY OWNED BY, AND COMMUNITY PROPERTY AGREEMENTS ENTERED INTO BY, NONRESIDENT COUPLES

There is some precedent in other jurisdictions for upholding the validity of a property status agreement, even though it would be invalid in the spouses' state of domicile, if the agreement were valid under the law of the jurisdiction in which it was entered. For example, in Wyatt v. Fulrath, 16 N.Y.2d 169, 211 N.E.2d 637 (1965), a New York court sustained the validity of an agreement made between a Spanish duke and duchess with respect to property transferred to New York and held under joint ownership. The concept of joint tenancy with right of survivorship was invalid under the law of Spain, the parties' domicile, which permitted only community ownership. In its holding, the court noted that the parties anticipated at the time they entered into the transaction that New York law would be applied to sustain the contract. Based...