[WSBAPT] Title Issue - Realty Check

Andrekita Silva ak at seattle-silvalaw.com
Tue Nov 28 20:21:18 PST 2023


 
Law Office of F. Andrekita Silva 
______________________________________________________________ 

November 28, 2023

Paul,

The couple's marriage, without more, would not change the character of the property.
The character of property is established at the time of purchase. 
So, if only one party had purchased prior to marriage with his/her own separate funds, it would be that party's separate property.
The fact of marriage, without more, would not change it's separate character.

So, same here.  If they want the property to be community, they'll need to execute a deed or community property agreement or something to convert it to community property. 

Andrekita Silva 
Law Office of F. Andrekita Silva 
1325 Fourth Avenue, Suite 940 
Seattle, Washington 98101-2509 
206-224-8288 
ak at seattle-silvalaw.com 
www.seattle-silvalaw.com [1]

On 2023-11-28 12:52, Paul Neumiller wrote: 

> A couple has recently come to me for estate planning.  In passing, I
> noticed that they took title to their residence pre-marriage as single
> people but JTWRS.  Does their post-purchase marriage (without anything
> more) somehow change the character of title to the family residence
> (to community property) or is title to the residence still in JTWRS?
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