[WSBARP] [WSBAPT] Title Issue - Realty Check

[Paul Neumiller]

Thank you to everyone who posted, on and offline.  This confirms my understanding regarding real property law but I do not practice "family law" so I had a fear of the unknown just in case.  Thank you again and this topic will be a matter I will bring up with the client.


[cid:image001.jpg at 01DA22BA.90931270]


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrekita Silva
Sent: Tuesday, November 28, 2023 11:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Title Issue - Realty Check

Law Office of F. Andrekita Silva
______________________________________________________________

November 28, 2023

Paul,

The couple's marriage, without more, would not change the character of the property.
The character of property is established at the time of purchase.

If only one party had purchased prior to marriage with his/her own separate funds, it would be that party's separate property.
The fact of marriage, without more, would not change it's separate character.

So, same here.  If they want the property to be community, they'll need to execute a deed or community property agreement or something to convert it to community property.


Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com<mailto:ak at seattle-silvalaw.com>
www.seattle-silvalaw.com<http://www.seattle-silvalaw.com/>





On 2023-11-28 12:52, Paul Neumiller wrote:
A couple has recently come to me for estate planning.  In passing, I
noticed that they took title to their residence pre-marriage as single
people but JTWRS.  Does their post-purchase marriage (without anything
more) somehow change the character of title to the family residence
(to community property) or is title to the residence still in JTWRS?
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