[WSBAPT] Community or Separate?
Andrekita Silva
ak at seattle-silvalaw.com
Tue Aug 9 23:05:40 PDT 2022
Law Office of
F.ANDREKITA SILVA
_______________________________________________________
August 9, 2022
I'm with Geoffrey.
A divorce action automatically abates upon the death of one party. The
state is no longer involved and the surviving spouse gets all the
community property as if no divorce had ever been filed. Since no
divorce was ever filed, more so. Separate property agreements do need
to be in writing.
I'm not sure son has a legal leg to stand on, but stranger things have
happened.
If adult? son is a really nice guy, if he had a good relationship
with his dad, maybe he can appeal to wife's sense of fairness, etc. to
reach resolution?
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting "Lewis, Amy C." <ALewis at eisenhowerlaw.com>:
> There’s also 26.16.140 and the “defunct marriage” theory, but I
> don’t know if it would apply to proceeds from the sale of a
> community asset. See In re Marriage of Short 125 Wn.2d 865 (1995).
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> Amy Lewis, Attorney
> Pronouns she/her/hers
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> 909 A Street, Suite 600 | Tacoma, WA 98402
> PHONE 253.572.4500 | FAX 253.272.5732 | WWW.EISENHOWERLAW.COM[1]
> FROM: WSBAPT-BOUNCES at LISTS.WSBARPPT.COM
> <WSBAPT-BOUNCES at LISTS.WSBARPPT.COM> ON BEHALF OF ERIC NELSEN
> SENT: TUESDAY, AUGUST 9, 2022 10:37 AM
> TO: WSBA PROBATE & TRUST LISTSERV <WSBAPT at LISTS.WSBARPPT.COM>
> SUBJECT: RE: [WSBAPT] COMMUNITY OR SEPARATE?
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> 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?
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> 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.
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> OR DOES RCW 26.16.120 ACT AS A STATUTE OF FRAUDS, PREVENTING AN
> ORAL AGREEMENT TO CHANGE STATUS OF PROPERTY?
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> SINCERELY,
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> ERIC
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> ERIC C. NELSEN
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> SAYRE LAW OFFICES, PLLC
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> 1417 31ST AVE SOUTH
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> SEATTLE WA 98144-3909
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> 206-625-0092
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> ERIC at SAYRELAWOFFICES.COM
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> FROM: WSBAPT-BOUNCES at LISTS.WSBARPPT.COM[2]
> <WSBAPT-BOUNCES at LISTS.WSBARPPT.COM> ON BEHALF OF G. GEOFFREY GIBBS
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> TO: WSBA PROBATE & TRUST LISTSERV <WSBAPT at LISTS.WSBARPPT.COM>
> SUBJECT: RE: [WSBAPT] COMMUNITY OR SEPARATE?
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> 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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> TO: 'WSBA PROBATE & TRUST LISTSERV' <WSBAPT at LISTS.WSBARPPT.COM>
> SUBJECT: [WSBAPT] COMMUNITY OR SEPARATE?
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> LISTMATES:
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> 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.
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> JEFF DAVIS
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