[WSBARP] Community property or not?

Douglas Owens dougowens at seattlerelawyer.com
Wed Jan 26 10:25:56 PST 2022


Dear Listmates, I ask for your views on these questions: H and W are Oregon residents, H owns all shares in an Oregon corporation that is in the construction business, corporation acquires real property in Washington which is financed with first and second mortgages, then spouses move to Washington, live in the house on the real property and the corporation transfers title to H “a married man” as a transfer exempt from REET as a mere change in form of ownership.  Is this property now community property?  H and W want to transfer into a trust which is not structured as a community property owning entity but it can be reformed.  Does H need formally to convey to the community before transferring into the trust?  Thank you for your help.  Yours truly. Doug Owens



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