[WSBAPT] Community or Separate?

Tue Aug 9 10:36:53 PDT 2022

Geoffrey, is there any argument to be made that the acts of the spouses in separating, selling the community house, and dividing the proceeds shows an intent by both parties to hold their share of the proceeds as separate property?

I get the basic analysis: The house was community property, and any traceable proceeds from sale of the house would also be community property. But it seems to me that selling the house in the process of actually separating, and then maintaining separate households and maintaining each person's share in separate accounts, makes it possible that they intended to create separate property.

Or does RCW 26.16.120 act as a statute of frauds, preventing an oral agreement to change status of property?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of G. Geoffrey Gibbs
Sent: Tuesday, August 9, 2022 10:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Community or Separate?

            Even if a divorce action had been filed (but not finalized), upon the death of either party, the divorce action is a nullity and will be dismissed.  Treat everything as you would with one partner in a marriage deceased.

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Anderson Hunter Law Firm

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
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Subject: [WSBAPT] Community or Separate?

Listmates:

Couple were contemplating divorce.  Nothing filed.  They sold the community home and split the proceeds.  H put his share into an account in his name only.  No POD designation.  H dies, with no Will but one surviving child from a prior marriage.  Does surviving wife take all or does H's son get half of the bank account?  They had not formally separated but were living apart.  Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
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