Property Ownership
Under Washington's community property law, can one spouse encumber (mortgage) community real property without the other spouse's consent?
AYes, if they are the managing spouse
BNo, both spouses must sign real property conveyances and encumbrances for community property under RCW 26.16✓ Correct
CYes, for amounts under $50,000
DYes, if the encumbrance is for business purposes
Explanation
Under RCW 26.16, both spouses must sign any instrument conveying or encumbering community real property.
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Key Terms to Know
Community Property
In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Deed of TrustA security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.
State-Specific Concepts
Community Property
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