[WSBAPT] Community Property/Family Law Referral - Auburn area

[Brent Williams-Ruth]

Greetings List -

I have a prospective client who needs some clarity.

She thought she had a valid separate property agreement - house purchased
prior to marriage in her single name; but refinanced with husband - though
with a REET Affidavit signed by both, granting ownership only to her; using
the WAC 458-61A-203(1) as the reason for the transfer - hand written in
with the words "Separating Comm. Prop"


However, husband just filed for divorce in September, in his petition he
claims that their relationship began as a meretricious one when they bought
the house and that the house is entirely community property.

Though divorce has been dismissed, without prejudice now, she is unclear as
to whether or not he would be able to claim that property as community
property when she passes away - as she was planning on having her house go
to her kids from prior marriage.

I would greatly appreciate the following:
1) if anyone has sufficient authority that would confirm that the REET
Affidavit would be persuasive to demonstrate that this specific property
was meant to be separate; and/or
2) a referral to a family law attorney that can provide an analysis for her
on this issue.


Thank you,

Brent

-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Phone: (425) 830-5134

e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults>
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