[WSBARP] Community Property Agreements

[John McCrady]

Thank you for your insights, much appreciated!


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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WARNING-FRAUDULENT FUNDING INSTRUCTIONS
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lenard Wittlake
Sent: Tuesday, December 16, 2025 3:03 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Community Property Agreements

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
Warning: Unusual sender <lwlaw at my180.net<mailto:lwlaw at my180.net>>
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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
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Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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>





[cid:image002.png at 01DC6EA0.DD0DBCC0]


WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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