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

[Eric Nelsen]

This would probably work but I also think it might be trying to do too much in deed form, and in a single deed instead of multiple deeds. I’m not saying it’s unworkable, but I think there is a simpler way to handle the deeds that would make them less vulnerable to challenge. Also, the REET exemptions for the separate property characterization and the transfer to the RLT are different, and trying to put two WAC exemptions on the REET Affidavit can cause exasperating rejections by the county treasurer.

Note that deeds are historically a very specific category of instrument, and the formal rules and terms of art are more rigid than is typical for a contract or even a lease or easement. It’s critical to always use the phrase “convey and quitclaim” in order to invoke the statutory form of conveyance and also qualify the instrument as a deed. RCW 64.04.050. Your language below might work as a deed as to paragraph 2, but for paragraphs 1, 3, and 4 (which have no conveyance language) would likely have to rely on authority for an agreement as to status of property under RCW 26.16.120. That’s basically a post-marital agreement embedded in a deed.

Note also that if they are living at the house, it’s also a homestead, which means under RCW 6.13.060, pretty much any deed or instrument affecting the property has to be signed by both spouses. Your form covers that, but my two-deed version below has to work a little harder.

1. Do one quitclaim deed “H and W, a married couple, for and in consideration of love and affection and intending to convert community property into separate property interests, convey and quitclaim to H and W, as equal tenants in common and to each as their sole and separate property, the following-described property, together with all after-acquired title therein....” Then on the REETA you can cite WAC 458-61A-203(1).

2. Do a second quitclaim deed “H, a married person as his sole and separate property, for and in consideration of transfer to revocable trust without consideration, conveys and quitclaims to H as Trustee of the [H RLT dated X], all grantor’s right, title, and interest, being an undivided one-half interest, in and to the following-described property, together with all after-acquired title therein....” To deal with the homestead issue, you could include add a separate section afterward, reciting something like, “W, a married person as her sole and separate property, solely for purposes of consenting to H’s conveyance of homestead property, does hereby ratify and confirm the above conveyance of H’s undivided one-half interest, while reserving and retaining to herself an undivided one-half interest in the described property.” On the REETA you can cite WAC 458-61A-211(2)(g).

On the adjacent lot, if H is going to bother to have an RLT, I would favor putting all his assets into it, including a half-interest in the lot. I am generally against RLTs because people find them hard to properly maintain over the course of their lives and transactions. Some asset often ends up outside the RLT and necessitates a probate, which makes all the effort of creating and maintaining the RLT kind of pointless, I think.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Robin Swanson
Sent: Thursday, February 5, 2026 8:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Partial CP → SP Transmutation + Funding Into Husband's RLT

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].

  1.  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].

  1.  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.
  2.  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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