Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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“The precepts of the law are these: to live honestly, to injure no one, and to give everyone his due.” Justinian I (482/483-565).
– Justinian Code, A.D. 533.

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Married people are free to title property however they want. This can be useful in preparation for Separation or Divorce. The Community Property Presumption still applies no matter how the property is titled, so the Party giving a title interet is in no way prejudiced regarding a community property equity interest in the property.

For example, if one party has a lot of debts and the couple chooses to title the house and all other property in the name of the Spouse without debts, that may reduce anxiety in the marriage without interfering with the Spouse’s right to claim an undivided half of the Community Property Equity.

Community Property is what you acquire between the date of marriage and the date of one party moving out of the marital home or the filing of a Legal Separation or Divorce Petition – except for gifts, inheritance, and personal injury damages.

For example, if one Spouse is hit by a car in a crosswalk and is badly injured. The tens of thousands or more in damages awarded by the Court can be put into a Separate Property Trust Account and kept separate. The same is true for a large birthday present or money received after the death of a parent.

However, I call the right of Married People to own Separate Property a Theoretical Right because of a case I had in which the Wife said the the Husband about his inheritance, “you can have Separate Property or you can be married to me, but you can’t have both.”

As a practical matter, Separate Property during marriage requires the consent of your Spouse.

On an historical note, at the time of the Founding of what became the United States of America, Women could not receive their own inheritance from their parents. It went to their Husband. This is what happened to Martha Washington. Martha did receive one-third of her deceased first husband’s estate (the other two thirds going to her two young children instead of 100% to the Surviving Spouse as is the case in Community Property States like Washington). However, when she married George he owned what she had before she met him.

That is why I am a big proponent of Women holding their own property in Separate Property Trusts that become irrevocable when they die, which means they can’t be changed by anyone – even a Judge. This protects women against losing property during marriage or in divorce and allows women to pass assets to children instead of to the surviving husband who may remarry and squander the money. Children who become step-children in a re-marriage may be disinherited like Cinderella.

For example, Veuve Clicquot is a French Champagne house founded in 1772. Veuve is French means widow. Madame Clicquot never married after the death of her husband because she didn’t want to lose the ability to run the Champagne house, which she would have under the paternalistic laws of the time. Today, women can maintain their Separate Property during marriage and have all the same rights of ownership and use that men have. I encourage Women to take advantage of these hard won rights, so that they may not atrophy from disuse.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.