DeElche v. Jacobsen

622 P.2d 835 (1980)

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DeElche v. Jacobsen

Washington Supreme Court
622 P.2d 835 (1980)

  • Written by Tammy Boggs, JD

Facts

Harry Jacobsen (defendant) and his wife had validly executed an agreement that converted all their property to community property, including a luxury yacht. One night, during a party, Jacobsen raped Joan deElche (plaintiff) while he was heavily intoxicated. DeElche obtained a judgment against Jacobsen. The judgment was Jacobsen’s separate tort liability. The law in effect exempted community property from separate tort judgments. Because Jacobsen had no separate property, deElche was unable to collect on her judgment. DeElche appealed, and the Washington Supreme Court agreed to review and reconsider the rule exempting community property. It was undisputed that one-half of the Jacobsens’ community personal property would be sufficient to satisfy deElche’s judgment.

Rule of Law

Issue

Holding and Reasoning (Stafford, J.)

Dissent (Horowitz, J.)

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