[WSBARP] converting Jtwros to Community property

[Kristina DeVore]

Thank you to all who replied.  The consensus was a deed, simple and inexpensive.  Thanks Again.


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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From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Jeanne Dawes <jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Thursday, January 28, 2016 at 11:06 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] converting Jtwros to Community property

I have not seen the prior responses, so this may already have been mentioned.  All they need to do is to convey the property from themselves to themselves, as husband and wife.  That will break the joint tenancy, and assure it will be treated as community property.  As to the type of conveyance, most likely I would use a quitclaim deed, but if there are any issues about an existing title policy insuring both grantees, I might opt for a Statutory Warranty Deed.

Jeanne

Jeanne J.Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Lenard
Sent: Thursday, January 28, 2016 10:10 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] converting Jtwros to Community property

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<mailto:LWLaw at my180.net>
www.lwattorney.com<http://www.lwattorney.com>

From:wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto:kristina at devore-law.com>




This email message is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521.  Unauthorized review or distribution of this email message is strictly prohibited.  This e-mail message is intended for the exclusive use of the person or persons to whom it is addressed.  This email message may contain information that is privileged and/or confidential. If you believe that you have received this message in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  Do not disseminate this e-mail and destroy the original e-mail and any copies. If you have received this communication in error, please notify us immediately, and destroy the original message.
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