[WSBARP] WAC 458-61A-203(2) Excise Tax Exemption

[Samuel M. Meyler]

Listmates,

 

WAC 458-61A-203(2) provides the following excise tax exemption: "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."  I emphasize
the words "spouse" and "domestic partner" because it is distinguishable from
the language in Subsection 4, which references "ex-spouses" and "former
domestic partners."
https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-203

 

In order for WAC 458-61A-203(2) to apply, is it necessary for the transfer
to take place prior to the divorce decree/order being entered by the court,
such that the grantor and grantee are still technically married?  Or does
WAC 458-61A-203(2) apply even after the divorce decree/order has been
entered as long as the transfer is in fulfillment of a settlement agreement
incident to the divorce decree/order?  

 

Thanks in advance!

 

Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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