[WSBAPT] Transfer from Individuals (now married) to Trust

[Inge Fordham]

Colleagues:

I have clients (a married couple) who recently executed a revocable living trust and want to transfer their primary residence into the trust.  They acquired the property as tenants in common with 75/25% ownership interests.  They want to include language in the transfer deed that their intent is for the property to be community property (without regard to ownership interests).  I just don’t think that’s necessary.  My recommendation would be to transfer from "H and W, a married couple, who acquired title as 'H and W, who acquired title as “H, an unmarried person, as to a 75% undivided interest, and W, an unmarried person, as to a 25% undivided interest’ to H&W RLT.”  The trust will dictate how the property is distributed from there.  Is there any reason I would need to prepare two separate transfers: (1) from H&W as TIC with 75/25% interests to H&W as a married couple to create community property; and then (2) from H&W as a married couple to the H&W RLT?

I just want to make sure I’m not overlooking something.

Thanks in advance!


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280
www.fordhamlegal.com<http://www.fordhamlegal.com>

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