[WSBARP] TODD and Domestic Partnership

[Eric Nelsen]

SRDP is the same as marriage for purposes of determining community property. Sounds like the house is separate property but arguments about whether or not the community has acquired an equitable lien for reimbursement can be tricky and are heavily fact-dependent. Feel free to call me if you want to explore a little.



I think putting "as his sole and separate property" in the deed won't have any legal effect in a dispute between his estate and his SRDP widow, but it also won't hurt.



HOWEVER--see RCW 6.13.020<https://app.leg.wa.gov/RCW/default.aspx?cite=6.13.020> and RCW 6.13.060<https://app.leg.wa.gov/RCW/default.aspx?cite=6.13.060>. If the couple is living in the house it's probably their homestead, and that means you likely still need both parties' signatures as Grantors even when it is Dad's separate 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





-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, October 30, 2019 3:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] TODD and Domestic Partnership



Listmates;  this is a new issue for me and my local senior title officer is a bit stumped.  Dad (74 years old) was widowed in 2003 and there is a PR deed for the house to Dad as sole owner.  Dad enters into a registered domestic partnership in 2007 (both partners were over 64 so it appears Referendum 74 does not apply to them).  Support and all house expenses continued to be paid by Dad.  Dad has not transferred any interest in the house to domestic partner.  Dad now wants Daughter (and not domestic partner) to receive house upon Dad's death.  It would most likely be a non-taxable estate at Dad's death.  So, on the Transfer on Death Deed, how do I refer to Dad?  "Grantor, Dad, a registered domestic partner, as his sole and separate property"?  Assume that the domestic partner will not sign a quitclaim deed now and not at the time of Dad's death.  This is far outside of my expertise (not doing ANY family law.)  I will advise Dad to consult with a family law attorney regarding whether domestic partner has acquired a community interest in the house.  Is it necessary to say "as his sole and separate property"?  Maybe the title guys can chime in with the proper language to refer to Dad.    Thanks for your input.


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