[WSBARP] Community Property Agreements

[Lenard Wittlake]

I haven't dealt with this scenario but something similar. I expect a court
would try to determine the parties' intent for the CPA.  It seems unlikely
that they intended to irrevocably prohibit interspousal gifting. Therefore,
the QCD is a gift that overrides the CPA or revokes the CPA as to that
particular property (since a CPA can be for "the whole or any portion of the
community property," presumably it can also be revoked for the whole or any
portion of; such as that Div 3 opinion that viewed a QCD as a partial
revocation).

 

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto: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)
Subject: [WSBARP] Community Property Agreements

 

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

 

 



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

 

 

 

 

 



 

 

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