[WSBAPT] Community Property Agreement and Quitclaim

[Eric Nelsen]

So: Client and Spouse had a CPA, then client quitclaimed a property interest to Spouse, and then Spouse died? And the property is actually co-owned by Spouse and some other individuals, and now Client as surviving spouse wants to transfer the interest to the other co-owners?

It sounds like the question is, who is the grantor for the deed to the co-owners: (A) the Client who got title back under the CPA, or (B) the Spouse's Estate, because the quitclaim deed converted the property to Spouse's separate property.

I don't have a firm answer, but it occurs to me that the exact language of the CPA might matter. If it says anything about converting all property to community property at the time of death, that might reverse the effect of the quitclaim deed. On the other hand, if the quitclaim deed has an after-acquired title clause, that might nullify even the possible CPA effect. I don't know which would take priority, if a CPA's convert-to-community-property clause is in conflict with a deed's after-acquired title clause.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of chris at hendry-law.com
Sent: Tuesday, November 10, 2020 9:39 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Community Property Agreement and Quitclaim

Hello everyone,

I have a client whose spouse died, and probate was never opened. They executed a community property agreement in 2001, and then in 2003, the client quitclaimed her interest in their home to her spouse. There are two other people on the title. The client wants to give her late spouse's interest to the remaining title holders. I am assuming I can't do this with the community property agreement since it was executed before she quitclaimed her interest and made the home separate property. Any advice on how I should proceed?


Respectfully,

Chris Hendry
Hendry Law, PLLC
[Marker]1001 S. Yakima Ave., Suite 1, Tacoma, WA 98405
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