[WSBARP] Title / Conveyance Question

[Stephen Brandli]

Your ideas are good.  In addition, the decree should list the house as separate property and award it to husband as a real estate judgment.  You might have trouble getting title insurance without a court order.

                Steve

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Samuel M. Meyler
Sent: Monday, September 20, 2021 3:52 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Title / Conveyance Question

Listmates,

H and W are in the process of finalizing a divorce.  H is under contract to close on a home before the court will sign the decree.  It seems that this can be accomplished as follows:


  1.  Seller conveys the property to H as "a married man, for his separate estate and not as community property."
  2.  W executes a Quit Claim Deed which is recorded contemporaneously and, "conveys and quitclaims to H all rights, interest and title in the property, including any and all after-acquired rights, interest and title..."

Does this prevent W from coming back to claim an interest in the property down the road?  Is there some other language or a different approach that should be taken?

What would the correct excise tax exemption be in this scenario?  To establish separate property pursuant to WAC 458-61A-203(1)?  Or to clear title pursuant to WAC 458-61A-215?

Thanks for your thoughts.

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

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