[WSBARP] Community property or not?

[Andrew Hay]

Good question!  Looks like CP to me.  Living in WA.  Property in WA.  Title obtained during marriage.  The presumption is it is CP.  How title is held is not dispositive on whether property is CP.  But regardless of whether title is CP or not, you can never be sure how a court will treat it in the final analysis.  Regardless of how you title it, a court may down the road decide it is CP.  So generally you have to act now as if it was CP to cover all your bases.


Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net
andrewhay at washingtonlaw.net
He/him/his
253.272.2400 (w)
253.377.3085 (c)
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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Wednesday, January 26, 2022 10:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Community property or not?

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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