[WSBARP] Community property or not?

[Kary Krismer]

Title is not determinate, but I don't know of any case law that using SP 
isn't enough if title is only taken in only one name (although "John 
Doe, a married man" is sort of unusual if not ambiguous).  Source of 
funds is the typical tracing analysis.  Is there some case law 
relatively new that I'm not aware of that would convert SP into CP 
simply because of a transfer of type of property?

Kary L. Krismer
206 723-2148

On 1/26/2022 11:01 AM, Lynn Clare wrote:
> Doug
>
> In family law, WA favors characterization of property as community 
> property unless there is clearly no question of its separate 
> character. If property is acquired during marriage, except by gift or 
> inheritance, it's presumed community property.  The party who wants to 
> rebut that presumption must do so by clear and convincing evidence 
> that the property was meant to be separate.  The name on the deed is 
> not enough to overcome the presumption. Using separate funds to 
> purchase isn't enough by itself either.
>
> The court's really love community property agreements that clearly 
> distinguish what property is meant to remain separate, OR quit claim 
> deeds from a spouse transferring title to the other as separate property.
>
> Lynn Clare
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220126/10a6c296/attachment.html>