[WSBARP] Separate or Community Property in a Revocable Living Trust

[Lynn Clare]

In Washington, community property is assumed so long as the property was
acquired during the course of the marriage.  Title is not dispositive. In a
divorce, Spouse 1 would have a hard time persuading the court that this
property was not community all along. But either of the things suggested
would remove all doubt and prevent argument later.

Lynn Clare
Clare Law Firm

On Tue, Mar 11, 2025 at 1:40 PM Jan Kelly <jan at jankellylaw.com> wrote:

> Spouses have a WA joint RLT.  5 parcels of land were deeded to "[grantor
> 1], Trustee of the [xyz trust]." Does the deed's failure to include Grantor
> 2 in the vesting language create a separate property interest in Grantor 1?
> Should we prepare an amendment to the Trust to confirm that the 5 parcels
> are indeed community property of the trust? Would it be sufficient to list
> those 5 parcels on the community property schedule to the trust? Is there
> anything more we need to do regarding the deed? The clients want to ensure
> it is held as community property in the trust. Thank you in advance!
>
>
>
>
> *Jan Kelly, JD, MBA *Attorney at Law
>
> JK Law
> PO Box 1964
> Poulsbo, WA 98370
> Direct Line (702) 338-6733
>
> *Licensed in Nevada and Washington*.
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