Legal Question in Real Estate Law in Washington

Re: Adding name to property title

In Washington, �timesharing� is governed by the Washington Timeshare Act codified at RCW 64.36. Timesharing refers to any number of arrangements that grant persons access to one or more properties, often vacation resorts, on a pre-determined basis. RCW 64.36(11) defines a "Timeshare" as a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land. RCW 64.36(16) defines �unit� to include the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use.

Unit owners often share their timeshare interests or sell a block of their timeshare rights, however, selling fractional units of ownership can present property management operational difficulties and impact the quality of a project for the other owners� and their guests. Therefore, many project developers draft restrictions in the homeowner association (�HOA�) or property owner association (�POA�) declaration. If the HOA/POA agreement you signed contains a restriction against fractional conveniences, those restrictions will control your ability to add your friends name to the title. Therefore, a complete review of your HOA/POA documents is a good place to start your investigation to determine if there are any restrictions in conveying a fractional interest. Additionally, because many timeshares are sold on a �right to use,� license or lease basis, you also need to determine whether or not you actually have a fee interest in real property to convey.

If there are no restrictions against the conveyance and you have a fee based interest, then you may undertake the conveyance by executing a �statutory warrant deed,� a �bargain and sale deed� or �quit claim� deed. The instrument that best suits the transaction depends on the warranties of title (or lack thereof) that you are able to convey. The deed must be signed by the �grantor� (the party bound by the deed) and acknowledged in a manner proscribed by law. If the deed contains restrictions, and a timeshare deed most certainly will, then the deed will also be signed by the �grantee� (party to whom you are conveying an interest in title). Your HOA/POA management company, along with legal counsel, will be able to assist you with proper, authorized documentation for your transaction.

As to your friend�s wife�s interest in the conveyance, Washington is a community property state. Generally, all property acquired after marriage by either the husband or wife is presumptively community property. According to RCW 26.16.030(4), neither spouse shall purchase or contract to purchase community real property without the other spouse joining in the transaction of purchase or in the execution of the contract to purchase.