§ 6.01 COMMUNITY LITIGATION

• Jurisdiction: Washington

§ 6.01 COMMUNITY LITIGATION

In this section, we outline the rules pertaining to litigation involving community property rights and liabilities.

[1] Community Claims

Either spouse may initiate litigation respecting community interests. Dean v. Lehman, 143 Wn.2d 12, 18-24, 18 P.3d 523 (2001) (spouses of incarcerated persons have standing to bring a class action against the Department of Corrections to protect their community property interests in funds sent to their inmate spouses). But see Allan v. Univ. of Wash., 140 Wn.2d 323, 331-33, 997 P.2d 360 (2000) (spouse of faculty member does not have standing to challenge alleged irregularity in university rule making based on her community property interest in his salary). This rule is subject to at least three, and perhaps four or five, exceptions.

Two exceptions—actions for personal injuries and actions for pay due—are specifically set forth in RCW 4.08.030, as follows:

4.08.030. Either spouse or either domestic partner may sue for community—Necessary parties.
Either spouse or either domestic partner may sue on behalf of the community: PROVIDED, That

(1) When the action is for personal injuries, the spouse or domestic partner having sustained personal injuries is a necessary party;
(2) When the action is for compensation for services rendered, the spouse or the domestic partner having rendered the services is a necessary party.

See also Brewer v. Brown, No. 23475-1-II, 1999 Wash. App. LEXIS 1081, 96 Wn. App. 1007 (Wash. Ct. App. June 18, 1999) (unpublished) (dismissing "community" claim for constructive discharge filed against state...