[WSBAPT] Probate Separate v Community Property Cluster Fun

Fri May 8 10:03:16 PDT 2026

If he paid 50% of the down, then he has a percentage SP ownership interest in proportion that his share of the down relates to total purchase price.  She owns rest as SP (her share of the down plus the loan obtained with her separate credit).  Then he has a lien - part SP before marriage, CP after - for his share of the mortgage payments before marriage and CP lien for all of the mortgagee payments after. Also a CP lien for improvements that would give him share of appreciation in value (Elam).

Professor Karen E. Boxx

University of Washington School of Law

Box 353020

Seattle, WA 98195-3020
206.616.3856
Sent from my iPad

On May 8, 2026, at 8:58 AM, Ryan Castle <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
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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/<https://urldefense.com/v3/__https://ryancastlelawfirm.com/__;!!K-Hz7m0Vt54!iJFP4bSSFgUylG9CLpheShpjPYXBBG01JSLazfpp8sggYgdgpctOIYnf6T1MyY6LEu13vU0SY8XXyXP973c$>

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