[WSBARP] Merger of Post Nuptial agreement with co ownership

[Mark Anderson]

One path would be to create a Promissory Note from the husband to the wife in the amount of one half of the pre-marriage equity and have that Note secured by a Deed of Trust in the property.  After that, wife can add husband to title to create community property and wife's interest in the pre-marriage equity should be preserved by the Note and Deed of Trust.  One thing to think about, however, is the manner in which the husband is added to title to make sure that husband does not acquire any portion of wife's interest in the property by virtue of the Deed of Trust.  I would have to think about that one further...

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: 02/24/2025 4:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Merger of Post Nuptial agreement with co ownership

Listmates, maybe I am overthinking this.  Married couple with a Post Nup that says wife gets all the equity in property up to date of marriage and they share equally after date of marriage.  Wife now wants to add husband to title.   One excise exemption is to create community property.  If we create community property does that over ride the terms of the Post Nup? Does the Post Nup control distribution over community property rules?  Should I say create community property subject to the terms of that certain Post Nup .....    Something new every day.   Thanks in advance!

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
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Snohomish, WA 98291
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