[WSBARP] Title / Conveyance Question

[Roger Hawkes]

Thanks, Dwight. I concur re wife's claim in a disso proceeding.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Monday, September 20, 2021 4:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title / Conveyance Question

This is done all the time. Did one a week ago for a client.

Only (2) solves the issue satisfactorily for the new lender, presuming H is the only party to be vested and will be the only borrower. Escrow will not prepare that deed, usually. Usually the escrow will allow W to sign there and record it as an accommodation. A small fee is possible. Ensure H instructs for the QC from W to be recorded more than a week in advance, so the title report will be corrected, then the new loan documents and the escrow will prepare the new purchase deed all showing H as his separate estate. Excise is exempt to establish separate property. It will cost over $200 for the deed + $10 for exempt affidavit; be prepared to pay that early before closing, so the new lender will not need a revised Closing Disclosure.

Technically W could still assert a divorce claim against H's interest after that closing, because even separate property is subject to the court's jurisdiction.

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

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 Samuel M. Meyler
Sent: Monday, September 20, 2021 3:52 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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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