Legal Question in Real Estate Law in Washington
Community property, keeping land in the family
My mother-in-law is gifting 5 acres of land to my brother-in-law as his inheritence early. He is currently married. We are trying to find out if there is anyway to keepthe property in the family in case of divorce being that this is a community property state. Is there a way it could revert back to her or another family member if there is a divorce instead of them having to sell and divide the money? They are planning on useing the land in lew of down payment for the building of their new house.
1 Answer from Attorneys
Re: Community property, keeping land in the family
There are a couple ways. The easiest is to have the brother-in-law and his wife sign a separate property agreement and list the land as his separate property. That would be the cleanest approach. Another would be to gift the land to him in trust.