[WSBAPT] Probate Separate v Community Property Cluster Fun

[Eric Nelsen]

Hi Ryan,

I agree that technically it sounds like Jane’s separate property, but I think in fact John has a one-half “off-record” title interest under either of two theories:

1. Jane took title to John’s half-interest as his “nominee” due to his bad credit.
2. The house is “community-like” property based on committed intimate relationship. I assume they began cohabiting at least as early as the time of purchase, and maybe even before that. Citing Borghi and Watanabe, you can argue that Jane’s name on title does not establish it as solely her property; in fact he has a one-half off-record ownership interest.

Under either theory, that gets him 50% interest plus at least another 25% as his half of Jane’s separate property. Under CIR, you could also argue that an equitable division of the CIR asset properly should be Jane’s entire interest allocated to John. See In re Estate of Langeland (Drown v. Boone) and other CIR/probate cases.

In any case, I would urge that John has a minimum 75% interest in the property, and any question of inheritance to the kids shouldn’t involve more than disposition of the remaining 25% interest in the property.

If the kids aren’t reliable or cooperative it will probably take a TEDRA action. If they really aren’t reliable they likely won’t put up much of a fight and you might get the 100% award to John more or less by default. Or if he could settle with them by guaranteeing flat sums paid immediately from proceeds of sale in return for them agreeing to 100% title to him, that might do it.

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 Ryan Castle
Sent: Friday, May 8, 2026 8:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Separate v Community Property Cluster Fun

Sorry. I forgot. This is an intestate estate.

On Fri, May 8, 2026 at 8:57 AM Ryan Castle <ryan at ryancastlelawfirm.com<mailto:ryan at ryancastlelawfirm.com>> wrote:
All You Smart People,

A new one for me. I am trying to figure out if a deceased spouse's real estate is separate or community property, and if separate, then how surviving spouse inherits versus surviving children.

Facts:
1. Jane Doe and John Doe start dating in 2015. Jane has two minor children from prior relationship.
2. Jane Doe and John Doe buy primary residence together in 2016. But, because of John's bad credit, Jane is listed as grantee on deed ("Jane Doe, a single woman") and is sole debtor on mortgage loan. Jane and John each pay 50% of down payment and share equally in mortgage payments, taxes, insurance, repairs, improvements etc through their separate funds. No co-tenancy agreement in writing. Mutual oral understanding was that this was both their home. Jane's two minor children live with them. All good.
3. Jane and John get married in 2019. No pre-nup, comm prop agreement, co-tenancy agreement, title change, etc. They continue to pay equally property carrying costs through joint bank account that they ech contirbute to equally.
4. Jane dies in 2023 by suicide after simultaneous failed attempt to murder John. Mental health issues. Police involved, all resolved.
5. John continues to live in house after Jane's death, along with her kids. John continues to pay all carrying costs on property with his own funds. Now, kids are young adults and have moved out of house. John wants to sell home because of bad memories and move on with life. No probate set up.

Based on my research (community property deskbook), I think the property is Jane's separate property and was not converted to community property because of marriage or any other facts. But John has an equitable lien for his 1/2 share of Jane's separate property for his expenditures in house repairs and improvements and increase in property value because of those efforts and expenses (payment toward mortgage, taxes, insurance cannot be part of lien). And John must trace through bank records and construction records to prove his lien.

Is my analysis correct here? What am I missing? I assume TEDRA agreement with kids is best way to go to distribute house sale proceeds and get John appointed as adminsitrator of estate. No probate set up yet. But kids are a bit hard to pin down (drugs etc).

Thank you in advance your your insight and help!



--

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/




--

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/


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