(dissenting in part) — I dissent from the majority's disposition of the property distribution and the maintenance award.
I am, of course, aware that such matters are left to the sound discretion of the trial court, whose decision is to be disturbed only upon a showing of a manifest abuse of discretion. Mayo v. Mayo, 75 Wn.2d 36, 448 P.2d 926 (1968); In re Marriage of Nicholson, 17 Wn. App. 110, 561 P.2d 1116 (1977). However, the trial court does not have unfettered freedom to exercise its personal judgment; it may exercise its discretion only within certain broad guidelines. Rehak v. Rehak, 1 Wn. App. 963, 966, 465 P.2d 687 (1970). I believe that the majority, in deferring to the discretion of the trial court, has forsaken its duty to rectify the lower court's errors.
First, the trial court erroneously characterized the parties' major asset, the Bothell home, as entirely Margaret's separate property. When property is acquired during marriage, the test of its separate or community character is whether or not it was acquired with community funds and community credit, or separate funds and the issues and profits thereof. The presumption is that the property is *858community property, but this presumption may be rebutted. Finley v. Finley, 47 Wn.2d 307, 287 P.2d 475 (1955); Katterhagen v. Meister, 75 Wash. 112, 134 P. 673 (1913). The status of the property is fixed at the time it is acquired. Katterhagen, at 115. The fact that one spouse later pays the debt out of his or her separate funds does not alter the character of the property. Katterhagen, at 114. When property is financed using community credit, it must be established by satisfactory evidence that the property is to be the separate property of one of the spouses. See In re Estate of Dougherty, 27 Wn.2d 11, 23, 176 P.2d 335 (1947).
As the majority concedes, the Bothell home was community property to the extent that it was purchased using community credit. Community credit was pledged on the mortgage and the property was deeded to the parties as husband and wife. However, the trial court found that the Bothell home was Margaret's separate property because (1) mortgage payments were made from her separate funds, and (2) title was taken in both parties' names only because the realtor so required. As to the first reason, the trial court is clearly in error. See Katterhagen v. Meister, supra at 114. Secondly, that title was taken in both parties' names only because the realtor so required is not satisfactory evidence that the house is separate property.
The majority excuses the trial court's mischaracterization of the property by noting that classification of the property as separate or community is not necessarily controlling, and that the ultimate question is whether or not the division of the property is just and equitable under all the circumstances. In re Marriage of Hadley, 88 Wn.2d 649, 656, 565 P.2d 790 (1977). However, the trial court must have in mind the correct character and status of the property as community or separate before it divides the property. RCW 26.09.080; Blood v. Blood, 69 Wn.2d 680, 682, 419 P.2d 1006 (1966); In re Marriage of Martin, 22 Wn. App. 295, 297, 588 P.2d 1235 (1979). Therefore, I believe that the case should be remanded for proper characterization of the property and a property division that is just and equitable.
*859I also believe that the trial court abused its discretion in awarding Margaret $200 per month until she remarries or dies, or until William retires. Under the trial court's decree, William could conceivably be paying maintenance for 12 to 15 years. It is not the purpose of the law to place a permanent responsibility upon one party to support a former spouse indefinitely. He or she is under an obligation to prepare to become self-supporting. Berg v. Berg, 72 Wn.2d 532, 534, 434 P.2d 1 (1967); Cleaver v. Cleaver, 10 Wn. App. 14, 20, 516 P.2d 508 (1973); see Dakin v. Dakin, 62 Wn.2d 687, 692, 384 P.2d 639 (1963). In effect, the trial court has ordered a permanent maintenance award which is contrary to public policy.
I would remand the case to the trial court for reconsideration of the property disposition and the maintenance award.
Reconsideration denied September 27, 1982.
Review denied by Supreme Court January 21, 1983.