[WSBAPT] Community Property?

Amy Goertz amyjgoertz at icloud.com
Mon Jul 29 12:15:29 PDT 2024


I have an interesting scenario.

Two unmarried parties bought property via Statutory Warranty Deed that conveys title to both parties as “husband and wife.” 

Parties later married.

Parties recorded a Deed of Trust post-marriage, which notes the parties as “a married couple.” 

None of the documents say “community property” or “separate property.” 

Husband died and left no Will. Wife did not open a probate or otherwise deal with the titling of the property.

Wife has now passed. She also left no Will.

Husband’s children argue house is owned by the parties 50/50, each as their separate property, since they acquired title prior to marriage. They want to split estate with wife’s children.

If that’s true, my thought is wife owned her 50% and inherited 50% of husband’s share, so she now owns 75%.

Or can wife’s heirs argue that it is Community Property based on the language of all documents indicating they are husband and wife. Any thoughts on what is share to wife’s heirs?

Amy 

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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