[WSBARP] Disposition of Real Property at Death

[Mark Anderson]

Thank you all for weighing in on this.  Sounds to me like a probate action is in my future, and perhaps either a set of disclaimers a TEDRA agreement.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, March 18, 2026 9:47 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Disposition of Real Property at Death

Mark, you're already inundated with responses, but if I could stick my oar in-
I do think the house has to be characterized as separate property because it was acquired before marriage. The act of marriage does not convert separate property to community, even if the separate property is co-owned. Borghi and Watanabe make clear that the names on the deed don't dictate the characterization as separate or community, but those cases are about deeds executed after marriage and the question of whether characterization changed as a result. In your case, the rules are still firm, that characterization is determined at date of acquisition and pre-marriage acquisition is separate property; and, that changing characterization of real property requires either a deed executed with intent to change characterization, or a community property agreement (or "status of property" agreement).
That said-even if the house is separate property and Bob has surviving siblings or nieces/nephews, there is a strong argument that the parties were in fact in a committed intimate relationship (CIR) for the period where they were cohabiting pre-marriage. In that case, the probate court would have jurisdiction to make an equitable ruling to allocate the decedent's separate property interest between the surviving partner (now spouse) and the decedent's heirs. See Estate of Langeland (Drown v. Boone). Based on all the facts here-long marriage, payment of mortgage with community funds, etc.-I probably would be comfortable arguing to the court that it is equitable to allocate 100% of Bob's interest in the house to Jane: 75% of his interest as her inheritance, and 25% as an additional allocation on equitable principles.
All of which of course requires a probate, and probably a TEDRA agreement or TEDRA action, to get Bob's siblings/nieces/nephews out of the picture whether by agreement or by litigation.
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<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
Sent: Tuesday, March 17, 2026 4:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBARP] Disposition of Real Property at Death

Dear Listmates:
This may be basic to some of you, but not to me, at least this late in the day.
Bob, an unmarried individual, and Jane, an unmarried individual, purchased a home (i.e., real property) as tenants-in-common.  Bob and Jane are both obligors on the home loan.
Years go by. Bob and Jane marry each other.  They never have any children.  They never execute a community property agreement.  They never change the title to the home.
Even more years go by.  Bob dies without a will.  Bob is survived only by Jane.
Jane wants to remove Bob from title to the home.  What is Jane's best course of action?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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