[WSBARP] Married Couple Deeding House to Wife to create separate property

[Kary Krismer]

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
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>>     email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
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