[WSBARP] Is spousal joinder required?

[Eric Nelsen]

I think it depends on what the purpose of adding him to title is, and whether it's intended to alter separate or community interests.

If she wants to maintain the property as separate property, I would convey something like, "Wife, as her sole and separate property, for no consideration and solely to add Husband's name to title for convenience purposes and not to alter its separate property character, conveys and quitclaims to Wife and Husband, a married couple..." I might also counsel her not to do the deed at all, as the addition of Husband to title is likely to cause more trouble than be "convenient." If he needs authority to act with regard to the property, she could execute a special power of attorney.

If it's being converted to community property, I'd make it thorough to address any possible past equitable interest of the community or separate property contributions, and convey from them both, to them both: "Wife and Husband, for purposes of and intending to create community property and to eliminate any separate property interests therein, convey and quitclaim to Wife and Husband, a married couple, as their community property..."

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Wednesday, January 09, 2019 10:11 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Is spousal joinder required?

Wife obtains property by Quit Claim deed from father years ago in her own name, but no designation as separate estate (she was married to Husband at the time). Wife wants to add Husband to title. Do I have her quitclaim as "Wife, as sole and separate estate to H &W" or "Wife, joined by Husband to H & W". The property is not homestead.

Thanks.


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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