[WSBARP] Excise Tax Exemption for married and separated persons transferring property from one to the other

[Jim Doran]

Not an uncommon situation:  H & W have  been separated for 8 years.  Both
have their names on the title.  Wife has been living in the home and wants
to refinance the loan.  To do so, she has to get Husband off of the title.
Husband is willing to sign a QCD.  They do not have a legal separation
agreement or order/decree.

Does the below WAC, 456-61A-203 work for this?  Do they need a separation
agreement?  Do they need a Decree of Legal Separation?  Is there another
WAC that works for this exemption?

  WAC 458-61A-203 Community property, dissolution of marriage or domestic
partnership, legal separation, decree of invalidity. (1) Community
property. Transfers from one spouse or domestic partner to the other that
establish or separate community property are not subject to the real estate
excise tax. (2) Court decree. The real estate excise tax does not apply to
any transfer, conveyance, or assignment of property or interest in property
from one spouse or domestic partner to the other in fulfillment of a
settlement agreement incident to a decree of dissolution, declaration of
invalidity, or legal separation. (3) Transfers to third parties.

James

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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