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

[Doug Owens]

Thank you, Bryce.  I had considered that approach.  Yours truly, Doug Owens

> On Aug 12, 2020, at 9:40 AM, Bryce Dille <Bryce at dillelaw.com> wrote:
> 
> You need the deed out to spouses first creating separate property and their interest then as tenants in common. If just wife deed out to friend joined by husband  then doesn’t make husbands interest as his separate property it could be argued that wife  still has a community interest in that half
> 
> -----Original Message-----
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
> Sent: Wednesday, August 12, 2020 7:40 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] gifting one spouse's interest in community real property
> 
> 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
> 
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