[WSBARP] Merger of Post Nuptial agreement with co ownership

Wed Mar 5 13:07:44 PST 2025

Actually the Post Nup ( now that I have a copy) is pretty clear on what is going to happen and how.  I am OK with the QCD to create Community Property because the Post Nup requires it and clearly states that the community interest starts on date of marriage and even calls out the FMV at that date. The attorney did a good job on the Poat Nup.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Wednesday, March 5, 2025 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Merger of Post Nuptial agreement with co ownership

Not a family law attorney (and I don’t handle pre- or post-nups), but couldn’t this be addressed in an amendment to the post-nup explaining what W and H are doing, and expressly stating their intent (W preserves pre-marriage equity even though she is adding H to title, community nature applies to post-marriage equity only, etc.)?  I would think that an enforceable contract that directly speaks to the parties’ intent would be enough to preserve W’s interest…. It would certainly combat any presumption that the parties intended to create a community asset with respect to pre-marriage equity.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
Date: Wednesday, March 5, 2025 at 12:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Merger of Post Nuptial agreement with co ownership
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
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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!

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