[WSBARP] Community Property Agreements

Mark Anderson marka at mbaesq.com
Tue Dec 16 13:05:17 PST 2025


My position would be that the wife's Quitclaim Deed should control, especially if it contained language that conveyed "all after-acquired interest."  The Quitclaim Deed is specific as to the particular parcel of land, whereas the CPA, with its general language, is far less convincing of who is to be on title.  If the CPA is said to "work immediately to re-create community property," the all after-acquired interest provision of the Quitclaim Deed would take it right back.

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Tuesday, December 16, 2025 12:21 PM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM) <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Community Property Agreements

Has anyone dealt with a situation where a HWF execute and record a CPA with the standard language:


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Years later the husband buys a parcel of land as his separate property, and Wife executes and records a Quit Claim Deed "to separate community property"

At face value I think the CPA should work immediately to re-create community property.
However, I did find a Division III opinion that, under somewhat different circumstances, viewed the Quit Claim Deed as a partial revocation of the CPA.

Has anyone had any experience with this type of situation?



John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>





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