[WSBARP] Probate Q

[Eric Nelsen]

Characterization of property as community or separate is not governed by the name on the deed. See the Borghi case-it's famous and cited everywhere. See also Watanabe, which cites Borghi and offers some more nuances.

If the house was purchased during the marriage, it's presumed to be community property. Borghi. Evidence of an intent to create separate property includes a deed from one spouse to the other, BUT: If one spouse quitclaims to the other in the context of a refinancing or in order to obtain favorable financing at time of purchase, that quitclaim is generally not sufficient to prove intent to create separate property in the grantee spouse, because there were "other reasons" for the change in title. Watanabe.

So it sounds like the main issue is evidence of the intent behind the QCD moving title into H's name only. Was there genuine intent to make it his separate property, or was it merely a change in paper title to accomplish something else? I don't fully understand the reasoning about the loans, so I can't guess.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of justin at personalinjurysnohomish.com
Sent: Friday, December 19, 2025 1:34 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate Q

List,

I represent Wife. Husband dies intestate, W is appointed administrator, nonintervention powers. W was not on Deed to real property, House.

H has one adult daughter from prior relationship who is claiming 50% as separate property of house.

House was transferred via Quit Claim into W name because there are two loans on property with significate debt, but it is solvent.

Thoughts.

Thank you,

Justin Monro
Attorney at Law
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