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

[Kevin Winters]

But that would not solve issues arising from future use of community property (H&W earnings) to pay mortgage, property taxes, maintenance, and/or improvements, would it??

[cid:image001.jpg at 01D7B52C.6F4CEDA0]



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, September 29, 2021 10:43 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Married Couple Deeding House to Wife to create separate property

Ah,  your responses raise interesting questions.  I feel the proper way to handle this is H & W to W as her separate property.  But I will include a paragraph on how I only represent one party and the other has had the opportunity to have their lawyer review and approve it.  Thank you for your help.

Jeff

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>
www.bellanddavispllc.com<http://www.bellanddavispllc.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 Kary Krismer
Sent: Wednesday, September 29, 2021 10:35 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Married Couple Deeding House to Wife to create separate property


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><mailto: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
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On the blog: Co-Ownership of Real Property by Single People<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
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On Wed, Sep 29, 2021 at 9:53 AM <Jeff at bellanddavispllc.com<mailto: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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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