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

Thu Feb 5 10:23:25 PST 2026

Hi Eric,

Thank you for your brilliant response to my questions! Would it be okay to
email you directly once I get to the funding phase of the RLT?

Sincerely,

On Thu, Feb 5, 2026 at 1:00 PM Eric Nelsen <eric at sayrelawoffices.com> wrote:

> 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
>
>
>
> *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].
>
>    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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-- 

Robin Swanson

Secure Legal Legacy, PLLC

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