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Property Character Does Not Change Without a Deed
A very recent Washington Supreme Court decision focuses on when separate property may become community property.  It requires everyone in the real estate business to reconsider what they think they know about community property in Washington.
Some lawyers are reacting with comments that this decision makes it hard to rely upon prior deeds to determine who owns the property.  I think this decision will help title companies have less trouble deciding when the parties intend to change the character of the property.
Lawyers have a saying that hard facts make bad law.  Well, the facts of the case seem simple, to a title geek.  
For those who want to read the Court's words, not rely on mine, it is named In the Matter of the Estate of Borghi, filed as docket no. 80925-9 on November 5, 2009.  It is a split decision; the opinion is signed by 4 Justices, 1 Justice concurred in the decision but not the opinion, and 4 Justices signed a dissenting opinion that disagrees with the conclusion. 
Just the facts:
In 1966, Jeanette Gilroy, an unmarried woman, entered into a real estate contract.  She married Robert Borghi nine years later in 1975.  Four months later in 1975, a fulfillment deed was signed ... more

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