Legal Question in Real Estate Law in Washington

Property Ownership

I am relinquishing ownership of my property/home to my daughter by way of a quit-claim deed. She is currently single, but if she becomes married and then was divorced, what rights would her ex-husband have to the property if his name is not on the original quit-claim deed ? Does a community property law make the property owned by the ex-spouse even without their names being on any legal property documents ? If my daughter were to die or become mentally incapacitated, would be property automatically become owned by her spouse (if still married) unless she designates differently in a will ?


Asked on 5/30/07, 4:09 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Property Ownership

Washington is a community property state. With certain limited exceptions, property brought to the marriage becomes community property by operation of law.

The name on the title has absolutely nothing to do with it. The fact that it is an inter-vivos gift from you too her will desont mean it stays separate - what matters will be how she treats it (financially) and how she pasy for costs, such as property taxes and the efforts she makes to keep it as separate property.

If your daughter were to be deceased,while owning this property as her separate estate then her interest in her property would go in part to her spouse, and in part to her other beneficiaries. If she doesn't have a will, you are not a natural heir of hers, as you are not one of her descendants but an ancestor.

If your daughter were to beome incapacitated, that doesn't mean she ceases to own property, but that she ceases to have the capacity to enter into contracts.

Hope this helps. But please - don't think title controls here because it does not.

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Answered on 5/30/07, 9:02 pm


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