[WSBARP] Married Couple Deeding House to Wife to create separate property
Kary Krismer
Krismer at comcast.net
Wed Sep 29 10:35:12 PDT 2021
This is not the issue you're focusing on, but I've always wondered how
such deeds could be effective, except perhaps as against a future BFP.
If spouses need independent counsel for an effective separate property
agreement, why not for a deed too? Particularly in a non-purchase
transaction if the house is the only significant asset owned by the couple.
Kary L. Krismer
206 723-2148
On 9/29/2021 10:24 AM, John J. Sullivan wrote:
> My only question is what about the wife’s interest? After the H deeds
> his to her as SP, is her share also SP or still CP? There’s no reason
> why a property titled solely in one spouse cannot be CP.
>
> John J. Sullivan
>
> Sent from my iPhone
>
>> On Sep 29, 2021, at 9:56 AM, Craig Blackmon
>> <craig at lawofficeofcraigblackmon.com> wrote:
>>
>>
>> That is how I do it Jeff, from H to W with an after acquired title
>> provision. This leaves W as the sole owner and thus free of any
>> community interest. Hopefully that is right....
>>
>> CB
>> Craig Blackmon, Attorney at Law
>> <https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
>> 92 Lenora St. #8, Seattle WA 98121
>> Office/Cell: (206) 369-5949
>> On the blog: Co-Ownership of Real Property by Single People
>> <https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
>> <https://seattlepropertylawyer.com/> <https://www.fsbolawyers.org/>
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>> On Wed, Sep 29, 2021 at 9:53 AM <Jeff at bellanddavispllc.com> wrote:
>>
>> Listmates:
>>
>> H & W hold title to their home as husband and wife. They now
>> want to make the house the wife’s separate property. My
>> understanding is the QCD would be from H & W to W to create
>> separate property. However, in looking at WAC 458-61A-203 it
>> talks about transfers from one spouse to the other that establish
>> separate property. I know this is a real estate excise tax
>> exemption WAC but it raises the question do I just need the H to
>> quit claim his interest to W to create separate property?
>>
>> 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>
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