Key Takeaways

  • Washington is a community property state - property acquired during marriage is generally community property
  • Washington recognizes tenancy in common and joint tenancy with right of survivorship
  • Homestead protection in Washington provides some creditor protection but not property tax exemption
  • Washington recognizes easements, restrictive covenants, and other property interests
  • Adverse possession requires 10 years of continuous hostile possession in Washington
Last updated: January 2026

Washington Property Rights and Ownership

Important: This content covers Washington-specific property law. You should complete the National Real Estate Exam Prep first, as general property concepts are tested on the national portion.

Washington is one of only 9 community property states in the U.S.

Community Property

What is Community Property?

In Washington, property acquired during marriage is presumed to be community property:

Property TypeClassification
Property acquired during marriageCommunity property (presumed)
Income earned during marriageCommunity property
Property owned before marriageSeparate property
Gifts and inheritancesSeparate property
Property acquired after legal separationSeparate property

Community Property Rules

RuleExplanation
Equal ownershipEach spouse owns 50%
Both must signBoth spouses must sign to sell community real property
Division at divorceDivided equitably by court
At deathDecedent's half passes per will or intestacy

Critical Exam Point: In Washington, both spouses must sign any deed or mortgage on community property real estate.

Separate Property

Property that remains separate:

  • Owned before marriage
  • Received as gift or inheritance during marriage
  • Acquired with separate funds (can be traced)
  • Agreed to be separate in writing

Types of Property Ownership

Co-Ownership Types

TypeKey Features
Tenancy in CommonDefault, unequal shares allowed, no survivorship
Joint Tenancy with Right of SurvivorshipMust be expressly stated, equal shares, survivorship
Community PropertyMarried couples, 50/50 ownership
Community Property with Right of SurvivorshipMust be expressly stated

Joint Tenancy in Washington

Washington recognizes joint tenancy but requires specific language:

Creating Joint Tenancy

  • Must expressly state "joint tenancy" or "right of survivorship"
  • The four unities required (time, title, interest, possession)
  • If one joint tenant sells, joint tenancy is severed

Default Rule: Without specific survivorship language, co-ownership is presumed to be tenancy in common.

Community Property with Right of Survivorship

Washington allows married couples to hold community property with right of survivorship:

  • Must be expressly stated
  • Decedent's share passes automatically to survivor
  • Avoids probate for real property

Homestead Protection

Washington provides homestead protection but it differs from some states:

FeatureWashington Rule
PurposeCreditor protection
AmountEquity protection up to statutory limit
Automatic?Yes, for primary residence
Property tax exemption?No (unlike some states)

What Homestead Protects

  • Protects equity in primary residence from certain creditors
  • Does NOT protect against mortgages, property taxes, or mechanics liens
  • Does NOT provide property tax reduction

Easements and Encumbrances

Easements in Washington

TypeDescription
AppurtenantBenefits adjoining land, runs with land
In GrossBenefits person or entity
PrescriptiveCreated by adverse use (10 years in WA)
By NecessityFor landlocked parcels

Prescriptive Easement Requirements

To establish a prescriptive easement in Washington:

  • 10 years of continuous use
  • Use must be open and notorious
  • Use must be adverse (hostile, without permission)
  • Use must be continuous

Adverse Possession

Washington allows adverse possession after 10 years of:

RequirementDescription
ActualPhysical possession and use
OpenVisible to the owner
NotoriousKnown to others
ExclusiveClaimant has exclusive control
HostileWithout owner's permission
ContinuousUninterrupted for 10 years

Note: Washington's 10-year period is shorter than many states. Color of title may reduce the period to 7 years.

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Washington Property Ownership Types
Test Your Knowledge

Washington is a community property state. What does this mean for property acquired during marriage?

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Test Your Knowledge

How long must continuous adverse use occur to establish a prescriptive easement in Washington?

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