[WSBARP] Is spousal joinder required?

[Kailei Feeney]

I think, Wife, a married person as her separate property, to Wife and Husband, a married couple does the trick. You are acknowledging the fact the gift was indeed her separate property, even if not fully indicated as such on the prior deed and she is creating community property with the grant to their marital community.

Kailei

Kailei B. Feeney
Attorney-at-Law
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From: wsbarp-bounces at lists.wsbarppt.com <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' <wsbarp at lists.wsbarppt.com>
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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