[WSBARP] Revocation of CPA

[Bryce Dille]

>From a strictly logical standpoint as well as legal if the parties agreed thru the CPA that the property would be community once the parties revoked the agreement it was rescinded and the property was returned to its separate status unless the parties took other actions that might give the community a lien against the property such as payments on an encumbrance against the property or taxes or conveying title into both names. My two cents anyway for what's it worth.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, December 13, 2016 5:25 PM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM)
Subject: [WSBARP] Revocation of CPA

Does anyone know of any authority answering the following question?


  1.  Wife acquires property by gift from third party.  (presumably separate property at this point)
  2.  Wife and husband execute Community Property Agreement that has language that converts all separate property to community property.
  3.  Wife and husband then execute a Revocation of Community Property Agreement.

Does the revocation of community property agreement have the effect of converting the property back to separate property?  The revocation does not contain any language explicitly accomplishing this.

I would appreciate any guidance....
Thanks


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721


[cid:image001.jpg at 01D25569.22DF6B00]



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161214/30f6d931/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 10123 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20161214/30f6d931/image001.jpg>