[WSBARP] Does the sale price declared on a REET determine the ownership interest in a real property when H&W convey to "H&W and C" ?

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

August 24, 2026

A marital community, A &B, husband and wife, own real property as a 
community property.
Years later, "in consideration of ten dollars and good and valuable 
consideration" H & W quitclaim and convey their real property as 
follows:
to C, an unmarried person, and to A &B, husband and wife.

Under the case of Lyon v Lyon, 100 Wn.2d 409 (1983), I understand that a 
tenancy in common is not created. Rather, H & W continue to hold as a 
community.
Do husband and wife own 2/3 with C holding 1/3, OR do husband and wife 
own only 50% of the real property with C owning the other 50%?

The Real Estate Excise Tax Affidavit which was filed simultaneously 
states that the real property was sold for XX dollars.  XX dollars is 
10% of the assessed value of the real property which was declared on the 
REET affidavit.

In the absence of any additional writing, does the sale price, which is 
one 10th of the value of the assessed value, have any import when 
establishing  the ownership interest had by A & B, husband and wife, and 
what is owned by C?

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com
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