[WSBARP] WSBARP Digest, Vol 80, Issue 27
Stephen Whitehouse
swhite8893 at aol.com
Thu May 27 13:19:48 PDT 2021
I agree with Cat. Also, you can get a quick Order to Show Cause and maybe get her out in a little over a week. Also, if the facts warrant, you could get a domestic violence protection order excluding her from the home. I am a little reluctant about that avenue as this process gets overly abused because judges don't scrutinize themenough.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
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Subject: WSBARP Digest, Vol 80, Issue 27
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Today's Topics:
1. Girl Friend Won't Leave (Jeff at bellanddavispllc.com)
2. Re: Girl Friend Won't Leave (Athena Dickerson)
3. Re: Girl Friend Won't Leave (Catherine Clark)
4. Single Woman grants interest in her home to herself and her
married girlfriend as JTWROS - How to Clear Title Back into
Single Woman (Jeff at bellanddavispllc.com)
5. Re: Girl Friend Won't Leave (Paul Neumiller)
6. Re: Girl Friend Won't Leave (Roger Moss)
7. Re: Girl Friend Won't Leave (Jeff at bellanddavispllc.com)
8. Re: Single Woman grants interest in her home to herself and
her married girlfriend as JTWROS - How to Clear Title Back into
Single Woman (Kary Krismer)
9. Re: Single Woman grants interest in her home to herself and
her married girlfriend as JTWROS - How to Clear Title Back into
Single Woman (Dwight Bickel)
----------------------------------------------------------------------
Message: 1
Date: Thu, 27 May 2021 09:04:24 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Girl Friend Won't Leave
Message-ID: <013e01d75311$f7e79de0$e7b6d9a0$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
Listmates,
PC moved his girl friend into his house. As life goes, things have not
worked out, but she refuses to leave. Numerous fights with the police
intervention. Obviously, this is not a landlord/tenant arrangement. Is an
ejectment action the only remedy for him? I know there is a new "squatters"
law, but would that even apply? Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
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info at bellanddavispllc.com or call 360.683.1129.
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Message: 2
Date: Thu, 27 May 2021 16:20:05 +0000
From: Athena Dickerson <athena at detsparlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Message-ID:
<BY3PR13MB48037CA00FCC6BBB0DF9168EBD239 at BY3PR13MB4803.namprd13.prod.outlook.com>
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I have tried to get people out under these same set of facts a few times and depending how long she has been there and if she receives mail there, in my experience the commissioners don't think these are evictions (unless the time period is really short or she still has her own place). I had to file another type of action (either a CIR action if the facts warrant, or ejectment) but incentivizing the person financially has worked in the past also. For example, offering monetary assistance towards first and last somewhere else. My opinion is that she is not a squatter unless she was just staying the night there frequently and now refuses to leave/vs moving in there.
Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
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100 Second Avenue South, Suite 190 I Edmonds, WA 98020
P 425.776.1352 I F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>
This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, May 27, 2021 9:04 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Girl Friend Won't Leave
Listmates,
PC moved his girl friend into his house. As life goes, things have not worked out, but she refuses to leave. Numerous fights with the police intervention. Obviously, this is not a landlord/tenant arrangement. Is an ejectment action the only remedy for him? I know there is a new "squatters" law, but would that even apply? Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 3
Date: Thu, 27 May 2021 16:24:03 +0000
From: Catherine Clark <Cat at loccc.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Message-ID:
<MWHPR19MB1056E0425FAF9850E12A1007A3239 at MWHPR19MB1056.namprd19.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Needs a family law lawyer. Potential committed intimate relationship issues.
I can recommend some good ones if you would like.
Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, May 27, 2021 9:04 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Girl Friend Won't Leave
Listmates,
PC moved his girl friend into his house. As life goes, things have not worked out, but she refuses to leave. Numerous fights with the police intervention. Obviously, this is not a landlord/tenant arrangement. Is an ejectment action the only remedy for him? I know there is a new "squatters" law, but would that even apply? Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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Message: 4
Date: Thu, 27 May 2021 09:31:31 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Single Woman grants interest in her home to herself
and her married girlfriend as JTWROS - How to Clear Title Back into
Single Woman
Message-ID: <016e01d75315$c20b2d50$462187f0$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
Listmates,
I love it when clients "do their own thing" as they know more then, say you
lawyers. Client, for estate planning purposes, quit clamed from herself, to
herself as a single woman and to X, a married woman as joint tenants with
right of survivorship. Client now wants to take that woman off title, and
apparently "X" is willing to sign a quit claim deed to do that. However,
what about "X"'s spouse. They live on the east coast in a non-community
property state. This is more of a title issue, but would it be safer to
also have "X"'s spouse sign the quit claim deed? In the deed creating the
JTWROS did not say "X" took her interest "as her separate property."
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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Message: 5
Date: Thu, 27 May 2021 16:42:23 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Message-ID:
<MW3PR13MB398024C28AC4694657D7C050D2239 at MW3PR13MB3980.namprd13.prod.outlook.com>
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I have successfully evicted in Island County but your experience may vary. I first deliver a Notice of termination of At-Will Tenancy saying that if GF stays beyond a certain date (a week to 10 days out) that GF agrees to pay rent and controlled by RCW 59.12 and 59.18. Then, once GF fails to pay the rent, serve with a combination 3-day and 20-day notice and bring the UD action. OK, so this was before the moratorium and the new law changes.
[cid:image001.jpg at 01D752DC.967287D0]
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Athena Dickerson
Sent: Thursday, May 27, 2021 9:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
I have tried to get people out under these same set of facts a few times and depending how long she has been there and if she receives mail there, in my experience the commissioners don't think these are evictions (unless the time period is really short or she still has her own place). I had to file another type of action (either a CIR action if the facts warrant, or ejectment) but incentivizing the person financially has worked in the past also. For example, offering monetary assistance towards first and last somewhere else. My opinion is that she is not a squatter unless she was just staying the night there frequently and now refuses to leave/vs moving in there.
Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fdetsparlaw.com%26c%3DE%2C1%2C3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ%2C%2C%26typo%3D1&data=04%7C01%7C%7C6ae2f2da7b6143dba06908d9212bc712%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637577294168153154%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VyRujm1G2CfkyMGdyN6Jb%2BiN3RhFpbYDvL0ykI8ZQNo%3D&reserved=0>
REICH DICKERSON PLLC<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fdetsparlaw.com%26c%3DE%2C1%2CbLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg%2C%2C%26typo%3D1&data=04%7C01%7C%7C6ae2f2da7b6143dba06908d9212bc712%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637577294168163110%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=KHSeHoWkG5ilhqrs8g6ZJKeW59lHLfsK4P%2FQwX1PiAs%3D&reserved=0>
100 Second Avenue South, Suite 190 I Edmonds, WA 98020
P 425.776.1352 I F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>
This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, May 27, 2021 9:04 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Girl Friend Won't Leave
Listmates,
PC moved his girl friend into his house. As life goes, things have not worked out, but she refuses to leave. Numerous fights with the police intervention. Obviously, this is not a landlord/tenant arrangement. Is an ejectment action the only remedy for him? I know there is a new "squatters" law, but would that even apply? Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=04%7C01%7C%7C6ae2f2da7b6143dba06908d9212bc712%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637577294168173070%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=D5W%2FNGI19pqv6lazE%2BF7eh7f0l4p%2B0vsIGLXE0LYPfQ%3D&reserved=0>
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Message: 6
Date: Thu, 27 May 2021 09:44:28 -0700
From: Roger Moss <ram at rinconres.org>
To: RPPT Section <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Message-ID: <2A248373-7467-4DAC-BD6D-3514667B9710 at rinconres.org>
Content-Type: text/plain; charset="utf-8"
> Numerous fights with the police intervention.
Jeff, these situations rarely occur without behavioral health issues operating in the background. Given the additional facts you shared, there is no chance-repeat, no chance-that BHI are NOT he primary driver of conflict. And odds are overwhelming that your PC is part of the problem, one way or the other. And no doubt both parties would deny these things.
The best solution given Covid would be a negotiated ?buy out? of GF?s occupancy. Of course you already knew that.
The challenge is successfully navigating conflict aggravated by illness/substance abuse issues. A professional neutral with mental health expertise can help put the drama in check so a deal can be made. GF would likely respond better if that neutral was a woman. I often collaborate with experienced mediators who are mental health professionals, and would be happy to send you some contacts.
This problem is universal in roommate disputes, but the use of interventions like I describe is not common in Washington. Perhaps the RPPT braintrust would be interested in a presentation on topic.
Roger A. Moss
Managing Director
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconResolutions.com
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
> On May 27, 2021, at 9:04 AM, jeff at bellanddavispllc.com wrote:
>
> Listmates,
>
> PC moved his girl friend into his house. As life goes, things have not worked out, but she refuses to leave. Numerous fights with the police intervention. Obviously, this is not a landlord/tenant arrangement. Is an ejectment action the only remedy for him? I know there is a new ?squatters? law, but would that even apply? Your thoughts.
>
> Jeff Davis
>
> W. Jeff Davis
> BELL & DAVIS PLLC
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> or call 360.683.1129.
>
>
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Message: 7
Date: Thu, 27 May 2021 09:55:38 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Message-ID: <01d901d75319$1f8b2720$5ea17560$@bellanddavispllc.com>
Content-Type: text/plain; charset="utf-8"
Thank you all for your responses. Your advice will be helpful when I meet the client to get the ?facts? of the situation.
There is alcohol abuse, go figure. I am not sure how long GF has been in the house, but I know she had her own place before moving in.
Thank you for your ideas..
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com or call 360.683.1129.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Moss
Sent: Thursday, May 27, 2021 9:44 AM
To: RPPT Section <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Girl Friend Won't Leave
Numerous fights with the police intervention.
Jeff, these situations rarely occur without behavioral health issues operating in the background. Given the additional facts you shared, there is no chance-repeat, no chance-that BHI are NOT he primary driver of conflict. And odds are overwhelming that your PC is part of the problem, one way or the other. And no doubt both parties would deny these things.
The best solution given Covid would be a negotiated ?buy out? of GF?s occupancy. Of course you already knew that.
The challenge is successfully navigating conflict aggravated by illness/substance abuse issues. A professional neutral with mental health expertise can help put the drama in check so a deal can be made. GF would likely respond better if that neutral was a woman. I often collaborate with experienced mediators who are mental health professionals, and would be happy to send you some contacts.
This problem is universal in roommate disputes, but the use of interventions like I describe is not common in Washington. Perhaps the RPPT braintrust would be interested in a presentation on topic.
Roger A. Moss
Managing Director
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconResolutions.com <http://RinconResolutions.com>
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.
On May 27, 2021, at 9:04 AM, jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> wrote:
Listmates,
PC moved his girl friend into his house. As life goes, things have not worked out, but she refuses to leave. Numerous fights with the police intervention. Obviously, this is not a landlord/tenant arrangement. Is an ejectment action the only remedy for him? I know there is a new ?squatters? law, but would that even apply? Your thoughts.
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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Message: 8
Date: Thu, 27 May 2021 11:16:43 -0700
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Single Woman grants interest in her home to
herself and her married girlfriend as JTWROS - How to Clear Title Back
into Single Woman
Message-ID: <48a7d260-976c-c696-7a73-b9c9c501d00b at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
I'm not sure it matters where the couple lives, presumably the grant of
the joint tenancy interest was a gift, and therefore the separate
property of the grantee spouse.? I'm making the assumption, however,
that Washington law would control given we are dealing with real
property, although it's unlikely a non-CP state would have a different
result.
I would think a title company would have the same opinion, given that
unless RCW 6.13.060 applies (which it doesn't seem to here), I've seen
that they will accept just the signature of the spouse in title.
But yeah, it would be "safer" to have the other spouse join.
Kary L. Krismer
206 723-2148
On 5/27/2021 9:31 AM, Jeff at bellanddavispllc.com wrote:
>
> Listmates,
>
> I love it when clients ?do their own thing? as they know more then,
> say you lawyers.? Client, for estate planning purposes, quit clamed
> from herself, to herself as a single woman and to X, a married woman
> as joint tenants with right of survivorship.? Client now wants to take
> that woman off title, and apparently ?X? is willing to sign a quit
> claim deed to do that.? However, what about ?X??s spouse.? They live
> on the east coast in a non-community property state.? This is more of
> a title issue, but would it be safer to also have ?X??s spouse sign
> the quit claim deed? ?In the deed creating the JTWROS did not say ?X?
> took her interest ?as her separate property.?
>
> Jeff Davis
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the
> intended recipient, any dissemination, distribution, or copying is
> strictly prohibited. If you think that you have received this e-mail
> message in error, please e-mail the sender at
> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or call
> 360.683.1129.
>
> **
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
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Message: 9
Date: Thu, 27 May 2021 18:44:39 +0000
From: Dwight Bickel <dwight at dwightbickel.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Single Woman grants interest in her home to
herself and her married girlfriend as JTWROS - How to Clear Title Back
into Single Woman
Message-ID:
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Content-Type: text/plain; charset="us-ascii"
A title company should be willing to ignore possible spousal interest as long as X and X's spouse are domiciled in a state without community property. If the conveyance to X was a gift, then presumptively separate property. There is no requirement for the grantor's deed to state "as her separate property." To assist acceptance by the title company and future purchaser/lender, in the quitclaim from X back to client, the deed can recite: "[X Name], who is domiciled in the state of [non-CP state], a married person as her separate estate, to rescind the prior gift from [Client name as grantor recorded [date] as [AF number]." It would also assist if the deed from X includes at least Bargain and Sale Deed warranties of title that would warrant against a claim by X's spouse, but such a situation usually has no bargaining position to ask for more than a quitclaim deed. Ask for a title company to search for and alert you to possible interests in the title that occurred while X was in!
title, because the contemplated deed does not affect other rights, such as a judgment or tax lien against X.
Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976
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