[WSBARP] Is spousal joinder required?

[Eric Nelsen]

Dwight, do you see any problem with having the Husband as Grantor along with the Wife, rather than Husband simply signing below? It seems to me a more thorough solution (when using a Quitclaim Deed) that makes clear that the Grantees' resulting estate is pure co-equal community property interest with no possible residual argument about, for example, a theoretical equitable right of reimbursement of Husband's separate estate for separate property funds he used to improve the Wife's separate property house.

Or am I being overly persnickety?

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 Bickel, Dwight
Sent: Thursday, January 10, 2019 1:22 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Is spousal joinder required?

To avoid problem with real estate sales tax exemption now, and to avoid later disagreements, I recommend:

"Wife Name, acquired as separate property
to Wife Name and Husband Name, as community property."
Consideration "to gift separate property to community property"

I intentionally do not recite marriage status. It has never been required. We only need names and the estate or interest in title that is intended.

And I support the recommendation of Rebecca Wiess that the husband's signature at the bottom could be helpful. Include notary acknowledgement certicates for grantor and grantee. This is the language above the grantee signature like what we recommend for grantees who are not already signing as grantor for a deed intended to create joint tenancy:

Grantee signs this conveyance to acknowledge intent to hold title as community property.

Dwight A. Bickel
Regional Counsel
Fidelity National Title Group
701 - 5th Avenue, Suite 2700
Seattle, WA 98104
Phone: (206) 370-3189
E-mail: Dwight.Bickel at fntg.com<mailto:Dwight.Bickel at fntg.com>
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