Borghi v. Gilroy

¶21 (dissenting) — Citing a 1914 case, the lead opinion holds that the name or names on a deed have no impact on whether property is community or separate and thereby throws out settled law that Washington families have relied on for over 20 years. By rejecting the community titling presumption, the lead opinion provides little, if any, additional protection for families, but inevitably invalidates the choices that some spouses have made with regard to their property. This holding unnecessarily complicates the lives of Washington families, and I strongly dissent.

¶22 The community titling…