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

[Heather de Vrieze]

It also depends on what the Trust says. Does it say that all property transferred to the trust retains its character (separate v. community) or does it say that transfer to the joint trust causes all property transferred to be converted to community property. I have seen both versions, so it is important to review the trust.

If the trust is silent and they want to confirm 50-50 ownership going forward, I think the cleanest thing is to use two deeds.

Heather S. de Vrieze
(she/her)
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, September 21, 2026 3:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer from Individuals (now married) to Trust

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
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