[WSBARP] Is spousal joinder required?

[Chris Benis]

Great suggestions.

Chris Benis
Harrison-Benis, LLP
2101 Fourth Avenue, Suite 1900, Seattle, WA  98121
206.448.0402 office - 206.448.1843 fax - harrison-benis.com<http://harrison-benis.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bickel, Dwight
Sent: Thursday, January 10, 2019 1:22 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
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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