[WSBAPT] Separate v Community Property

[Andrekita Silva]

  Law Office of
F.ANDREKITA SILVA
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July  19, 2023
 
Heather,
 
You indicated that the couple made improvements to the husband’s  
separate property (home) during their 44 years of marriage. If these  
were actual improvements and not just maintenance, if this were a  
divorce, the wife would clearly have an equitable lien (or right of  
reimbursement). Depending on certain factors, the wife could have an  
equitable lien even if there weren’t actual improvements.
 
You should look up the 2017 unpublished case of Washburn v Davis. It  
discusses the fact pattern and refers to a bunch of other published  
cases on this issue.
 
If the couple made improvements, Wife would prove her equitable lien  
by hiring an expert (appraiser) to give an opinion on what the value  
is/was of each separate improvement. So, if the parties added a room  
and poured a driveway where there was only dirt, and this was done  
with community funds, what value did the room add to the real  
property?  What value did the new driveway add?  
 
If this were a 3 bedroom home and the cost to rent comparable property  
was far less than the mortgage payments, then wife might have a right  
of reimbursement. If the couple was getting a deal on their monthly  
housing costs because the 44 year old mortgage was a drop in the  
bucket compared to present fair rental value, then wife owed nothing  
for monthly housing contributions even though the community  
contributed to the mortgage for 30-40 years. 
 
Anyway, read the Washburn case and you’ll have an idea of what  
surviving spouse must do to prove an equitable lien. It seems like it  
would be pretty harsh if surviving spouse gets nothing just because  
her spouse of 44 years died instead of the marriage ending in a divorce.
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com[1]
 
PLEASE NOTE:  I’ve moved to a different floor.  As of April 20, 2023,  
my Suite number is 940 (no longer 2000). My new address is:  1325  
Fourth Avenue, Suite 940   Seattle, Washington 98101-2509.  All other  
contact information remains the same.

Quoting Heather de Vrieze <heatherd at westseattlelaw.com>:

> 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.
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>    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.
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>    Heather
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>    Heather S. de Vrieze
> /Attorney-at-Law/
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>    3909 California Avenue SW
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>    Seattle, WA 98116-3705                         
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>    heatherd at westseattlelaw.com
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>    www.westseattlelaw.com[2]
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>    CLICK HERE TO CONNECT WITH DE VRIEZE | CARNEY ON FACEBOOK:   [3]
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Links:
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[1] http://www.seattle-silvalaw.com/
[2] http://www.westseattlelaw.com/
[3] https://www.facebook.com/DeVriezeCarney

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