It is clear that the use of community resources for Tony`s training was a gift of collective ownership. Mr Schweitzer rightly claims that he had no legal obligation to support Tony after leaving his home. See Van v. Thompson, 95 Wash. 2d 726, 730, 630 p.2d 420 (1981) As there was no Community obligation to finance Tony`s university education, the expenses and loans were a gift. When the statute was adopted in 1881, it was necessary to testify to deeds. However, this requirement was abolished in 1929. RCW 64.04.020. If a co-ownership contract had to be testified in the same way as a document, it is because the contract may have constituted an interest in real estate. Given that the request for a witness to the act was set aside 68 years ago, there is no longer any reason to require a review of collective ownership agreements. In interpreting a law, this court has a side effect on the simple meaning of the language of the law.
Higgins v. Stafford, 123 Wash. 2d 160, 165, 866 p.2d 31 (1994). The obvious importance of the law is that collective property agreements, such as the deed, do not need to be attested. During the hearing, Ms Schweitzer acknowledged that if something happened to Mr Schweitzer during the holidays, the agreement should take care of her. However, it also asserts that it and Mr Schweitzer both intended, at the time of signature, in Section I of the agreement, to transform each individual property into collective property. Mr and Mrs Schweitzer did not change the treatment of their property after the contract was signed. Next, we ask whether extrinsic evidence is nevertheless admissible to show that the parties made a reciprocal error on the effect of the common ownership contract and, if so, whether the evidence shows that such an error was made by clear, conclusive and convincing evidence.
The standard collective ownership contract signed by the Schweitzers is known in Washington as the “three-way” collective ownership contract. Harry M. Cross, Community Property Law in Washington, 61 Wash. L.Rev. 13, 101 (1985) (`cross`). The first pen converts each spouse`s separate property into common ownership. The second prong provides that all immovable property acquired in advance and which would otherwise be separate ownership must be common property. The third pen gives the survivor, after the death of the other spouse, title to the entire common property. The Schweitzer Agreement states that we will then examine whether the Court of Appeal erred in the fact that the Court of Justice wrongly considered extensive evidence of the parties` intention to conclude the joint ownership agreement without effect. Schweitzer, 81 Wash. App. at 594-95, 915 p.2d 575.
The Court of Appeal held that extrinsic evidence cannot be used to erase or contradict the written terms of an agreement. Schweitzer, 81 Wash. App. at 595, 915 p.2d 575. The court concluded that the court had “used inadmissible word evidence to remove an entire paragraph of the agreement and give it no effect.” Schweitzer, 81 Wash. App. at 595, 915 p.2d 575. On January 18, 1993, Hansen executed a new will in which she revoked all previous wills and bequeathed her property to her children.
She left nothing to Catto. Community property agreements are unique to Washington and have no influence on property, even on common property held in other states. In the appeal, no one attributes an error to the Tribunal`s decision regarding the conversion procedure. This seems both reasonable and appropriate, given that virtually no one who forms a CPA intends to create common property after he or she no longer has a common relationship (i.e., after his or her marriage no longer exists).21 A joint ownership contract is an agreement between spouses or national partners registered by the state to characterize their property as co-ownership. . . .