[WSBARP] Bargain sale or Gift of Community Property

[James W. Spencer]

I've always believed Marston v. Rue to be judicial poetry:

"After this the [Marstons] next appear in Seattle, where they lived apart, and the infatuation of the husband for the other woman becoming shameless, he bought and gave her the use of an automobile costing $2,200. After this he returned to Alaska. The paramour flaunting herself intolerably in the motor car for three or four months after his departure, the wife took it from the garage and sold it to defendant, not out of necessity for money but from an assertion of right."

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Wednesday, January 17, 2018 1:33 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Bargain sale or Gift of Community Property


I found the case I was thinking of in the personal property section of my outline.  Marston v. Rue from 1916, where it refers to a husband's gift to a mistress as being void (and upheld the wife's sale of a car under her emergency powers).  There's also the more recent case of Francis v. Francis, from 1978.  Note I have not re-read either case, but they do seem to deal with gifts based on my notes.

Kary L. Krismer

John L. Scott/KMS Renton

206 723-2148
On 1/17/2018 12:10 PM, Roberto Castro wrote:
Listmates

I am striking out finding case law in WA dealing with a bargain sale or gift of highly appreciated property for a pittance ($10) of community property without knowledge of spouse or children of the couple; this purported transaction occurred 2 years before H's death. I have an estate where H &W lived in AZ and two  years prior to H's death he purported to make a bargain sale of highly appreciated property in WA to a non-family member without knowledge of W or the children of the marriage.  You can imagine the uproar and issues of capacity and undue influence.  Any case law or thoughts is appreciated.

Thank you.

Regards,

Roberto H Castro
Attorney
312 E. Trow Avenue
P.O. Box 747
Chelan, WA 98818

5 South Wenatchee Avenue, Ste 210
Wenatchee, WA 98801

509.679.3668 (D)
509.266.7104 (F)
rcastro at rcastrolaw.com<mailto:rcastro at rcastrolaw.com>

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