Similarly, the agreement can achieve the same result for U.S. citizens, U.S. taxpayers, and/or Canadian citizens and non-U.S. citizens. Resident spouses who own “community real estate” in Washington State. Second, the estate planning contract creates a trap for the unwary. Joint property is subject to presumptions different from that of separated property if it is divided between spouses by the divorce courts. The courts generally assume that the separate property of the divorced partners should remain with the owner for lack of consideration to the contrary, while the court assumes that the joint property should be divided equally between the spouses in the event of divorce. RCW 26.09.080 and its interpretative cases.