Legal Question in Family Law in Washington
Quick Claim Impact on Community Property Law
I have been married for 1.5 years. Since we have been married Tom has acquired 6 homes - I was quick-claimed off because of my credit. We have one small bank account in common - I am not on the large main account.
Whenever I have asked about the arrangements, Tom has said that it does not matter if I have signed quick claims or not because Washington is a community property state and that the quick claim forms are purely to get the loans to do investments and so they do not check my credit and lower his credit score when looking for the loan. He said that legally everything is 50/50 and that is that.
My question is: in spite of community property law, do these quick claims really exclude me legally from the marriage property or are they legally seen as a financial document's formality? I am wondering if legally I still own nothing at all? If my signing these claims have really really excluded me from everything that has been acquired since the marriage?
2 Answers from Attorneys
Re: Quick Claim Impact on Community Property Law
If you are both in agreement that all property is both yours, you should sign a three-prong community property agreement, which converts all property owned by either to community property, makes all after-acquired property community property, and transfers all interest in community propert to the survivor at the death of the first to die. This should be signed as soon as possible.
I would not rely on an oral agreement in this situation, especially when real property is involved. You have probably created separate property for your husband, and proving otherwise, if that became necessary, would be a costly venture.
As to community ownership, what is brought into the marriage is separate property (as are some things acquired during marriage, such as an inheritance). Everything acquired with earned income during marriage is community property, as is everything purchased with those funds. But the same goes for community property as well.
And BTW, it's "quit", not "quick", claim.
Correction to last reply Re: Quick Claim Impact on Community Property Law
At the end of my last reply, I meant to say the same goes for SEPARATE property. That is, income from separate property and increase in its value are normally separate property.
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