[WSBARP] complication in transferring RP to Trust

[Paul Neumiller]

Dwight, as another poster has observed, the WACs seem to require a Real Estate Excise Tax Affidavit for this type of transaction and, I imagine, this is not followed in a great many divorces.  What has been your experience with the failure to file the REET?  Would a county really allow a divorcee to file a REET 30 years after the fact AND who is going to sign for the party giving up the property?

[cid:image001.jpg at 01D2CF26.92090FE0]

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Wednesday, May 17, 2017 2:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] complication in transferring RP to Trust

The Superior Court judgments and decrees are the same as auditor’s records to constitute public notice of matters related to the land if within that county.

The particular Divorce Decree was forwarded to me. It was plain and simple. “The following property is the sole and separate property of the [wife]” and provided the legal description. It was in the same county. Therefore, no deed is required for that vesting.

The problem with most divorce decrees is that they fail to state a conclusive vesting. For example, many Decrees incorporate a settlement agreement that is sealed, or state executory duties, such as “Petitioner shall deliver a quitclaim to vest title…” Or the decree simply uses a street address. [WA courts have been notoriously strict requiring real estate agreements to have full legal descriptions, but there are a few Judges that do not require the same standards when it is within their own decision.] A Decree that refers to the legal description that is in a pleading that is not sealed will be accepted by title companies.
________________________________
NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170517/21bc8c0c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14325 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170517/21bc8c0c/image001.jpg>