[WSBARP] Title / Conveyance Question

Tue Sep 21 13:28:38 PDT 2021

Does someone have a sample affidavit that they wouldn't mind sharing?

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Mark Anderson
Sent: Tuesday, September 21, 2021 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title / Conveyance Question

I believe a quitclaim deed that affects all after-acquired rights would
defeat any claim against husband's interest after closing.  Even if she is
expected to get an interest through the court, the quitclaim deed would
"return" that interest to the husband.

Still, in addition to a quitclaim deed, a belt-and-suspenders approach would
be to have the wife sign an affidavit as John McCrady suggests and to obtain
some sort of waiver as Roger Hawkes suggests.  Paper it well.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
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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 Dwight Bickel
Sent: Monday, September 20, 2021 4:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto: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

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

NOTICE:

This electronic message contains information which may be Confidential or
Privileged and constitutes an electronic communication within the meaning of
the Electronic Communications Privacy Act 18 USC 2510. The information is
intended to be for the use of the individual or entity named above.  If you
are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the contents of this information is
prohibited.  If you received this transmission in error, please notify the
sender and delete the copy you received together with any attachments.
Thank you.

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