In re the Marriage of Mueller

¶1

Cox, J.

In Washington, all property acquired during marriage is presumptively community property.1 Spouses may by contractual agreement change their community property into separate property.2 However, to recognize any such agreement, our courts have required clear and convincing evidence to overcome the heavy presumption of its character as community property.3 The name under which the property is held does not determine whether the property is community or separate.4 Moreover, and subject to limited statutory exceptions, either spouse may manage and control community property with a like…