[WSBARP] TODD and Domestic Partnership

John McCrady j.mccrady at pstitle.com
Thu Oct 31 10:40:13 PDT 2019


RCW 64.80.100 specifically contemplates the conveyance by one Domestic Partner.  I know of no authority regarding the effect of homestead rights, nor, for that matter, the right to an award in lieu of homestead.  I would be very interested to hear of any decisions I may have missed.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

-----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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