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

[Eric Nelsen]

REET Affidavit is not automatically sufficient evidence of intent to confirm separate property, especially when it was done in conjunction with a refinance--the courts know that banks make people do things to their record title that aren't truly their intent for estate planning and marital purposes. Lead case is In re Estate of Borghi (2008 or 2009).

FYI, current term for meretricious relationship is "committed intimate relationship." Though of course a lot of older case law uses the old term.

I am guessing that the husband would not be cooperative in signing a new quit claim deed to confirm her separate property interest at this point. If he doesn't, then there is a real risk that he might try to assert a community interest in the property, either based on committed intimate relationship, or possibly equitable reimbursement to the community for use of community funds to pay expenses related to the house.

I would refer myself but I am kind of swamped at the moment. If she does not need immediate advice I could probably talk to her next week. Otherwise, I would suggest she contact Wechsler Becker<http://wechslerbecker.com/> or Skellenger Bender<http://www.skellengerbender.com/>, two good firms with family law practice.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Friday, November 03, 2017 11:54 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Community Property/Family Law Referral - Auburn area

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<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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