[WSBAPT] Partial CP → SP Transmutation + Funding Into Husband's RLT

[Robin Swanson]

Hi Lismates,

I have a married couple (married for 4 years) who did not enter into a
prenuptial agreement and do not wish to enter into a postnuptial agreement.
They recently purchased a home together, currently titled as community
property (husband and wife).

I am representing the husband in drafting a Revocable Living Trust. Both
spouses agree that they would like the home to ultimately be owned 50/50,
with each spouse holding their one-half interest as separate property.
Husband plans to give his interest to his two children, not his current
wife. Wife does not have kids, but plans to give her 1/2 to her nephews.

I plan to retitle one-half of the property to the husband and include
transmutation language in the quit claim deed. The proposed language is as
follows:

QUIT CLAIM DEED

The Grantors, [Husband’s Full Legal Name] and [Wife’s Full Legal Name],
husband and wife, as owners of the real property described below as
community property, for good and valuable consideration...do hereby
expressly agree, declare, and intend as follows:

   1.

   The Grantors hereby mutually and expressly transmute and convert the
   character of the real property from community property to separate
   property, such that:

   a. An undivided one-half (½) interest shall be the separate property of
   [Husband’s Full Legal Name]; and

   b. An undivided one-half (½) interest shall be the separate property of
   [Wife’s Full Legal Name].
   2.

   The Grantors further hereby convey and quitclaim the Grantor Husband’s
   separate one-half (½) interest in said real property to:

   [Husband’s Full Legal Name], as Trustee of the [Husband’s Full Revocable
   Living Trust Name] dated [Trust Date].
   3.

   The Grantor Wife expressly confirms, accepts, and retains her separate
   one-half (½) interest in the real property as her sole and separate
   property, free and clear of any community property claim of the Grantor
   Husband.
   4.

   Acknowledgment of Transmutation: Each Grantor affirms that they fully
   understand and agree to the change in character of the property from
   community to separate property, that this deed accurately reflects their
   intent, and that they enter into this conveyance voluntarily and without
   coercion.

The real property is situated in the County of King, State of Washington,
and is legally described as follows:

[Legal Description]

DATED this ___ day of _______*, 2026*.

[Husband’s Full Legal Name] [Wife’s Full Legal Name]

Notary language has both husband and wife sign:

State of Washington
County of King

On this 5th day of February*, 2026,* before me, the undersigned Notary
Public, personally appeared [Husband’s Full Legal Name] and [Wife’s Full
Legal Name], known to me or proved to me to be the individuals described
herein and who executed the foregoing instrument, and acknowledged the same
to be their free and voluntary act and deed.

Notary Public in and for the State of Washington
My commission expires: __________

QUESTIONS:

My question is whether the deed language, standing alone, is sufficient to
transmute the conveyed one-half interest from community property to the
husband’s separate property under Washington law, or whether a separate
community property agreement, postnuptial-style agreement, or CPA is still
required, or at least strongly advisable, even if the parties do not want
one.

ADJACENT LOT ISSUE: The couple also owns the adjacent lot to this home as
community property. The husband wants to give his one-half CP interest in
that lot to his wife. Under the RLT, this lot is directed to her if she
survives him, but to his two children if she does not. For planning
purposes, I could treat this lot the same way as the home and split the
property interest as 50/50 separate property with the same outcome as the
home.

However, because this property goes to the wife first, I could leave it as
CP and not retitle it to the husband's RLT. If the husband dies first, wife
inherits the whole property, but if wife dies first, husband receives 100%
and can then transfer it into his RLT as his separate property. This would
ultimately go to his two children.

I would appreciate any thoughts, case law, or practice tips.

Have a great day!
-- 

Robin Swanson

Secure Legal Legacy, PLLC


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