[WSBARP] WAC Exemption

[Jeff at bellanddavispllc.com]

Thanks Eric. 

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Friday, April 12, 2024 11:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WAC Exemption

 

I think it has to be -204, specifically -204(2). They are actually changing
ownership, so "mere change in form" under -211 would not apply. And, while
technically they each are "exiting" title, they are doing so by transferring
valuable interest to the other, which would be consideration and takes it
out of the exemption under -215.

 

It is only when looking at the whole set of deeds that breaks up their
common ownership into each separate ownership of one parcel each plus
jointly owning a third parcel, that the transfers in value collectively are
explainable as a partition and exempt for that reason. It will be important
to attach some kind of narrative explaining that they each are receiving
property of value equal to their total interest in original unified parcel,
such that no consideration is passing.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com

 

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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Friday, April 12, 2024 11:02 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] WAC Exemption

 

LIstmates:

 

Two brothers own a parcel as tenants in common.  They subdivide it into
three lots.  Each will take one lot as their separate property and hold the
third as JTWROS.  No debt on the property.  I assume WAC 458-61A-204 in the
correct exemption, but knowing the lay "lawyers" at the treasurer's office,
would WAC 458-61A-211 (mere change in form) or 215 (clearing or exiting
title) be used?  Your thoughts.

 

Jeff Davis

 

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <http://www.bellanddavispllc.com/> 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  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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