[WSBAPT] Community Property Question

[Eric Nelsen]

I think the house is presumed to be community property because the house
was acquired during the marriage, and the characterization occurs at date
of acquisition. The funds used to acquire the house may have been
quasi-CP, but taking title to Washington real property as "husband and
wife" bolsters the presumption that the house is plain CP, and the
quasi-CP purchasing funds were essentially a gift to the community.

 

The CP presumption could be rebutted with the proper facts--evidence of
intending maintenance of a separate character in some way--but the way
they took title seems to militate against that.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jacob Menashe
Sent: Thursday, February 20, 2014 2:54 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Community Property Question

 

I have a community property versus quasi-community property question.
Husband and wife move to Washington after retirement. They take funds
earned in a non-community property state and purchase a house as “John and
Sally, husband and wife.” Is the house community property or
quasi-community property? 

 

Thanks,

 

Jacob

 

_______________________

Jacob H. Menashe

Hickman Menashe, PS

4211 Alderwood Mall Blvd., Suite 202

Lynnwood, WA 98036

(425) 744-5658 phone

(425) 744-6078 fax

www.hickmanmenashe.com

 

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Bar Association nor its officers or agents. 

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