[WSBARP] Off Topic Question

[Lynn Clare]

This is more of a Community Property issue than a business entities
question: all property acquired during the course of the marriage except by
inheritance or gift is PRESUMED to be Community Property unless there is
clear and convincing evidence to the contrary.

So, unless there is extremely good evidence that the house or the LLC are
meant to be owned by this couple in unequal amounts, the RP and the LLC are
community property. And under WA law, title alone is not enough evidence of
what was intended.

Lynn Clare
Clare Law Firm

On Wed, Apr 9, 2025 at 10:40 AM James R Ihnot <jri at jamesrihnot.com> wrote:

> I have never had that statement questioned or challenged by Revenue but
> you should have an operating agreement to back up your position if
> necessary.
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> Jim
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Tuesday, April 8, 2025 3:28 PM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* [WSBARP] Off Topic Question
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>
> Clients  CPA formed an LLC to hold real property that H & W will transfer
> into it.  No Governors are listed.  When the REETA exemption is Mere Change
> in Form, won’t there be a problem in proving ownership percentages?
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> *W. Jeff Davis*
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