Quasi Community Property Law and Legal Definition
If a couple acquires property in a non-community property state, the property may be considered quasi-community property after moving to a community property state. Quasi community property is property acquired during a marriage located in a state that does not recognize community property, later treated by the courts of a community property state as community property and labelled quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces. State laws varies, so local law should be consulted for applicability in your area.
The following is an example of a state law governing quasi community property:
RCW 26.16.220
Quasi-community property defined.
- Unless the context clearly requires otherwise, as used in RCW 26.16.220 through 26.16.250 "quasi-community property" means all personal property wherever situated and all real property described in subsection (2) of this section that is not community property and that was heretofore or hereafter acquired:
- For purposes of this section, real property includes:
- For purposes of this section, all legal presumptions and principles applicable to the proper characterization of property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the decedent and the surviving spouse under the provisions of subsection (1) of this section.
(a) By the decedent while domiciled elsewhere and that would have been the community property of the decedent and of the decedent's surviving spouse had the decedent been domiciled in this state at the time of its acquisition; or
(b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the original property was acquired.
(a) Real property situated in this state;
(b) Real property situated outside this state if the law of the state where the real property is located provides that the law of the decedent's domicile at death shall govern the rights of the decedent's surviving spouse to a share of such property; and
(c) Leasehold interests in real property described in (a) or (b) of this subsection.
[1988 c 34 § 1; 1986 c 72 § 1.]
