[WSBAPT] Community Property Question

[Karen E. Boxx]

Sam is right - quasi-community property only applies on the death of the
first spouse.  as for the community presumption, it's easily rebutted by
the fact that the $$ used to purchase the home was separate, because
earned in a common law state.  see Scott v. Currie, 7 wn.2d 301.  they
could convert it to community property by agreement now that they live in
Washington, but the deed doesn't seem to get them there.  

Sent from my iPad

On Feb 20, 2014, at 3:39 PM, "Sam Furgason" <sam at furgasons.com> wrote:



 

I believe somebody has to be dead before the quasi-community property
rules come into play (check out 26.16.220 et. seq.), so if they are both
still living there is not yet any quasi. 

That gets you into presumptions (property held as husband and wife is
(rebuttably) presumed to be community, which gets into intent. They might
want to clear that up, because there is no mention of quasi in IRC Sec.
1014, which adjusts basis of both halves of community property on death of
one spouse. That is, of course, if they’re still speaking. 

S



 

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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