[WSBARP] Is spousal joinder required?

Wed Jan 9 16:10:08 PST 2019

Tricky! There is a small difference in how to convey.

If the house is separate property of one spouse, technically the non-owner spouse has no homestead interest under RCW 6.13.010, because the non-owner spouse has no interest in the property they reside in. Alternatively, the non-owner spouse has a possible homestead interest to the extent there is any equitable right to reimbursement to the community for community funds used to improve/maintain/pay purchase debt on the sp house.

BUT - according to RCW 6.13.060<https://app.leg.wa.gov/RCW/default.aspx?cite=6.13&full=true#6.13.060>, if there is a married couple and the house is owned as sp by one of them, then both of them must sign a conveyance document, even if only the owner actually resides at the house and the non-owning spouse resides elsewhere.

So in my first response, I probably should amend to state that if the property is the homestead of the owning spouse, regardless of its status as separate property or community, then both spouses should be grantors and should sign the deed.

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 3:50 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Is spousal joinder required?

Thank you all for responses. Would it change if the property was the residence / homestead of Husband & Wife?

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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of RebeccaWiess
Sent: Wednesday, January 9, 2019 3:19 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Is spousal joinder required?

I would get a husband signature somewhere on the deed, probably as a tag end line item labled "grantee's acceptance" followed by his date and signature. You can never imagine where future facts will take you, but you can nail down the parties at the moment when things are out of the ordinary.

Rebecca K. Wiess
421 24th Avenue East
Seattle, WA  98112
Phone 206 329-6638
rwiess at foxinternet.net<mailto:rwiess at foxinternet.net>

________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kailei Feeney
Sent: Wednesday, January 09, 2019 10:44 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Is spousal joinder required?

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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
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Sent: Wednesday, January 09, 2019 10:11 AM
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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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

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