[WSBAPT] Effect of QCD that established Family Home as Separate property when Decedent dies intestate

Thu Jun 5 11:05:25 PDT 2025

Curious - How do you get around the typical language of a quitclaim deed that says it conveys "all right, title, and interest in the property, including any after-acquired interest"?  Wouldn't this include any community property interest?

Mark B. Anderson
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Monday, June 2, 2025 10:56 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Effect of QCD that established Family Home as Separate property when Decedent dies intestate

Mike,
Take a look at:
In re Marriage of Watanabe, 199 Wn.2d 342, 506 P.3d 630 (2022)
In re Estate of Borghi, 167 Wn.2d 480, 219 P.3d 932 (2009)

Watanabe stands for the presumption that where wife was gifted house from her parents and added husband to title at lender's request, absent actual intent to create community property, it remains separate property in context of divorce.
Borghi is the seminal case in this area, holding that no presumption arises from the names on a deed or title in the context of characterizing property as community or separate property.

I think the caselaw supports wife's position that it was just a lender's requirement and not actual intent to create separate property.

I would be nervous about filing an 11.54 claim because of the possibility that the court divides it to provide an inheritane to the step-children.

Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com> <msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>>
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Subject: [WSBAPT] Effect of QCD that established Family Home as Separate property when Decedent dies intestate

Hello Fellow Listservers and Practitioners,

I wanted to solicit your input and opinions on a scenario.  Husband and wife purchase family home back in 1989 while married, but due  to wife's poor credit, she quit claimed her interest in the home at closing to ensure that husband is only person on Deed of Trust and Loan as well as on title using the WAC exemption to establish the property as separate property.   The family home is their primary and only residence and wife has resided there continuously since 1989.  In fact, husband passed away in 2020 and only wife has been paying the mortgage since then.

Husband has children from a previous marriage and husband and wife have multiple children together, but all children have reached the age of majority/ are adults.

Husband died without a will and so the right of the heirs at law to inherit is governed by RCW 11.04.015(1) which states "(1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share:

(a) All of the decedent's share of the net community estate; and

(b) One-half of the net separate estate if the intestate is survived by issue"

It therefore appears that the surviving spouse/ wife is only entitled to ½ of the family home and  the children are entitled to ½ of the family home, even though the property was purchased while married with what are presumptively community assets.

Questions:

Is anyone familiar with any case law that exempts real estate acquired during the marriage, but then deemed separate property from RCW 11.04.015 or alternatively that allows the court to treat real estate acquired during the course of the marriage where one spouse conveyed their interest to the other spouse as still community property?

I was thinking that the surviving spouse is entitled to make a petition for family support to try to claim the entirety of the family home under RCW 11.54.010 with the basic award covering the entire equity of the property (property is not very valuable).  Does anyone have thoughts or input on this?  Can a petition for family support from a surviving spouse dispossess the interest of other beneficiaries such as adult children of the decedent?

Thanks so much to all for your input and feedback.

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

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