[WSBARP] converting Jtwros to Community property

[Lenard]

As to your first question, RCW 26.16.120 says “…any agreement concerning the status or disposition of the whole or any portion of the community property, then owned by them or afterwards to be acquired…“  Without researching case law, it seems that “any portion of” allows you to draft a CPA for one asset.  Anyone know of cases to the contrary?

As a practical matter I agree with the earlier responses but I have had this same question in other contexts.

 

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 voice

(509) 850-3515 fax

LWLaw at my180.net

www.lwattorney.com

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kristina DeVore
Sent: Wednesday, January 27, 2016 10:07 PM
To: WSBA Real Property Listserv; WSBA Probate & Trust Listserv
Subject: [WSBARP] converting Jtwros to Community property

 

I have clients who purchased a home together before marriage and took title as joint tenants with right of survivorship and now want the property to be held as community property. They do not want a community property agreement for all their assets but they do want this asset to be community property.  Can they have a community property agreement or some type of property status agreement with respect to one asset?  Or do they need a deed from themselves, to themselves to create community property?  Any advice would be greatly appreciated.

 

Thanks,

Kristina

 

 

Kristina S. DeVore | Attorney & Counselor at Law

KRISTINA DEVORE LAW FIRM, pllc | 300 W. 15th Street, Suite 305 | Vancouver, WA  98660

Phone: (360) 695-0535 | Fax: (360) 737-4154 | kristina at devore-law.com

 

 

 

 

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