[WSBAPT] Separate v Community Property

[Heather de Vrieze]

Is there any good case law or more general guidance about how to value a community property lien on property titled only in one spouse (now deceased)? That is, how much of the current value should still be considered separate property. I remember a fairly recent case where this was relevant, but am not finding it quickly.

Spouse died after 44 year marriage, having lived the entirety of the marriage in home purchased 9 months before marriage. Improvements during marriage by spouse not on title. No Will. Surviving spouse aware that there is in issue with their name not being on title, but convinced they have an ownership interest in the property. Separate kids disagree.

Heather

Heather S. de Vrieze
Attorney-at-Law
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