[WSBARP] gifting one spouse's interest in community real property

[Doug Owens]

Dear list mates, I have an oddball situation.  Clients own real property as community, but want to transfer only the wife’s interest as a gift to a friend of both.  This would be with the consent of the husband.  Can such a transfer be done, with the result that the remaining one half of the property would be husband’s separate estate?  Or does there need to be a transfer from the community to the spouses establishing them as tenants in common with each half their separate interest first, then have wife gift her tenant in common interest to the friend?  Thanks for your consideration.  Yours truly, Doug Owens