Parliament codified this principle in 1972, when it adopted RCW 26.16.030 (2). Cross at 84. The Act prohibits both spouses from giving “explicit or tacit consent of the other” community property. RCW 26.16.030 (2); Nichols Hills Bank/ McCool, 104 Wash. 2d 78, 82, 701 p.2d 1114 (1985); Bryant v. Bryant, 125 Wash. 2d 113, 117, 882 S.2d 169 (1994). It is clear that the use of community resources for Tony`s training was a gift of common ownership. Mr.
Schweitzer rightly states that after his leave, he has no legal obligation to support Tony. See Van Dyke v. Thompson, 95 Wash. 2d 726, 730, 630 P.2d 420 (1981) As there was no community obligation to fund Tony College`s training, expenses and loans were a gift. Unlike a will, a community property right has a significant influence on how a couple`s property is characterized and then divided into a divorce or dissolution of a domestic partnership. In addition, a community ownership agreement can only be terminated under the law entered into by the mutual consent of both spouses or partners, while a deceased person may revoke his or her will at any time, unless the deceased has entered into a binding agreement not to do so (. B for example, with mutual will). Fabian and Frances Schweitzer married in 1973. Mr. Schweitzer married with a considerable individual wealth. During the marriage, Mr. Schweitzer sold all his assets and put the proceeds into bank accounts with community funds.
Mr. and Mrs. Schweitzer maintained separate bank accounts, each of which contributed to the overhead. By the end of the marriage, the Schweitzers had accumulated $1,733,000 in common ownership. The court also ordered Ms. Schweitzer to repay 17,663 $US to Mr. Schweitzer for her share of community expenses spent on her son Tony`s university education, and found that Ms. Schweitzer was solely responsible for the debt of 36,673 $US that covered Tony`s education costs. I do not advise my clients to carry out a community real estate contract. I tend to advise them to revoke their community real estate contract if I find that my clients have made one, even if this rule is not the one I always join.