CHAPTER 3 CHARACTER OF OWNERSHIP OF PROPERTY

• Jurisdiction: Washington

CHAPTER 3 CHARACTER OF OWNERSHIP OF PROPERTY
Summary

§ 3.01 GENERAL CONSIDERATIONS: STATUTORY FRAMEWORK

[1] Mere Possession During Marriage

[2] Defining "Property" for Community Property Purposes

[3] Marital Acquisitions—the Basic Presumption

[4] The Commingling "Doctrine"

[5] Presumption of Continuing Character

[6] Legal versus Beneficial Ownership

[7] Partnerships, Professional Service Corporations, and Joint Ventures

[8] Contract Rights

[9] Management Powers

[10] Federal Preemption

[11] Time of Acquisition: Inception of Title or Apportionment

§ 3.02 PARTICULAR ASSETS

[1] Earnings

[2] Borrowed Money and Promissory Notes

[3] Installment Contracts

[4] Life Insurance Policies

[a] In General

[b] Life Insurance Under Federal Law

[5] Retirement Plans

[a] In General

[i] Vested and Matured Benefits

[ii] Vested and Unmatured Benefits

[iii] Contingent Interests

[iv] Mere Expectancies

[v] Time and Place of Acquisition

[b] Retirement Benefits Under Federal Law

[i] ERISA

[ii] Boggs and IRAs

[iii] Boggs and QDROs

[iv] Military Retirement Pay

[v] Social Security and Railroad Retirement Benefits

[c] State Legislative "Preemption" of Community Property Law

[i] State Pension Plans

[ii] Individual Retirement Accounts

[6] Disability Benefits and Disability Insurance

[a] Pure Disability Benefits

[b] Disability

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