If a married couple moves from a common law state to a community property state, do the properties they acquired after marriage (other than some prescribed exceptions) become their community property?
Consider a piece of property they own before they move to the community property state. According to the definitions of community property below, California and Washington seem to have approached the question above differently---California law emphasizes on the acquisition of the property must be during their domicile in the state to be community property but Washington law does not mention domicile. Is it accurate to say:
- If they move to California, then whether the said property is separate or community is solely determined by the law of the state they move from.
- If they move to Washington, then whether the said property is separate or community is solely determined by the law of Washington.
Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.
