Property Acquired During Marriage Washington Cases

In Washington all property acquired during marriage is presumptively community property, regardless of how title is held. Yesler v. Hochstettler, 4 Wash. 349, 353-54, 30 P. 398 (1892); see RCW 26.16.030; Harry M. Cross, the Community Property Law in Washington (Revised 1985), 61 Wash. L. Rev. 13, 27-28 (1986). the burden of rebutting this presumption is on the party challenging the asset's community property status, In re Estate of Smith, 73 Wn.2d 629, 631, 440 P.2d 179 (1968) (citing Rustad v. Rustad, 61 Wn.2d 176, 377 P.2d 414 (1963)), and "can be overcome only by clear and convincing proof that the transaction falls within the scope of a separate property exception." Estate of Madsen v. Commissioner, 97 Wn.2d 792, 796, 650 P.2d 196 (1982), overruled in part on other grounds by Aetna Life Ins. v. Wadsworth, 102 Wn.2d 652, 659-60, 689 P.2d 46 (1984). Physical separation of the spouses, without more, does not alter the basic community property presumption. Rustad, 61 Wn.2d at 180; Cross, supra, at 92; see also RCW 26.16.140.