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

[Jim Doran]

No tax?

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


On Sun, Feb 16, 2020 at 1:30 PM Lawrence F. Brown, Jr. <
lbrown at brownsterling.com> wrote:

> Rule 203(1) Transfers “that establish or separate community property,”
> will work just fine.  They are married and want to establish separate
> property.  We use the exemption frequently for estate planning purposes.
>
> LB
>
> On Feb 12, 2020, at 1:01 PM, Jim Doran <jim at doranlegal.com> wrote:
>
> 
> 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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