Community Property Agreement In Washington State In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A defining feature of joint tenancy is the right of survivorship—if one owner dies, their share automatically passes to the surviving joint tenants, avoiding probate. In Washington, this can simplify the transfer of property between spouses or family members, especially for homes and real estate investments.

Washington's marital property laws recognize the concept of "community property," in which almost all property acquired during a marriage is presumed to be jointly owned by the spouses and therefore subject to equal division upon divorce.

Property inherited by just one spouse or partner, but not the other (the inheritance is the recipient's separate property); rents, issues, and profits generated by separate property (which become the separate property of the spouse or partner whose separate property generated them);

In Washington, real property conveyed to a married person or a person in a registered domestic partnership is legally presumed to be community property. Exceptions to the rule include properties acquired as separate property by gift, bequest or by agreement (see Sole Ownership example 2 above).

To use a Washington state community property agreement, you and your spouse or partner must agree to leave everything to each other, complete the document, and sign it in front of a notary public. When one spouse or partner dies, the survivor will become the owner of the deceased person's property, without probate.

Community Property With Right Of Survivorship (CPWROS) Only married couples can use this form of title in community property states like California. This is a very popular method for married couples because it really protects spouses in the case of titles.

Pennsylvania is not a community property state; it is an “equitable distribution” state. This is a significant distinction because if you and your former spouse cannot reach an agreement, the court may make a decision for you and not in an expected way.

For long-term marriages (over 25 years), the court will usually try to put both parties in an equal financial position for either the remainder of their lives or until both parties retire. The idea is that after 25 years, the parties should be recognized as financially equal partners.

In Washington, married couples and registered domestic partners can avoid probate by signing a Community Property Agreement (CPA). In the agreement, the couple agrees that when one of them dies, all of that person's property will pass directly to the other.

More info

A Washington community property agreement allows you to leave all of your property to your spouse or partner, without probate. Here's how it works.This COMMUNITY PROPERTY AGREEMENT dated July 4, 2003, is between George Washington and Martha Washington (the "parties"), as husband and wife. Community property is a state-level legal distinction of a married person's assets, such as property acquired during the course of a marriage. (2) Neither person shall give community property without the express or implied consent of the other. In Pennsylvania, when a couple is divorcing, the legal term for dividing marital assets and marital debts is equitable distribution. Community Property Agreements are unique to Washington, and will not affect property, even community property, held in other states. A community property agreement is an agreement between spouses or state registered domestic partners to characterize their property as community property. A community property agreement (CPA) is a powerful estate planning tool available to any married couple. A community property agreement is an agreement between spouses or state registered domestic partners to characterize their property as community property.

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Community Property Agreement In Washington State In Philadelphia