Need real estate / family law attorney in Seattle, short timeframe

May 11, 2016 3:47 PM

We (spouse and I) are buying a house with the help of a family member "A". The three of us will be on the title/deed. Except that family member is married (to "B") and Washington is a community property state. Does B *have* to be part of the transaction? Do we need a real estate or family law attorney? Recommendations for same in Seattle?

We've already signed a purchase and sale agreement *without* B, inspections done. Now the title insurance company wants either:

1) B to sign a quit claim deed or
2) an amendment to the purchase and sale agreement stating that A will take title as A, married, subject to the community property interest of spouse, B

If 1, B becomes party to the transaction before quitting claim, yeah?
If 2, B may not be have title, but still has interest in the property, yeah?

Our concerns are regarding tax implications attaching to B's interest in the property.

So, what kind of practitioner do we need to talk to? Recommendations? Have any other advice / things to consider?

posted by SirNovember to Law & Government (3 answers total)

A quit claim doesn't mean B has an interest in the property. It means even if B did have one, they give it up. It's your best option.
posted by corb at 5:02 PM on May 11, 2016

Exactly. Just sign the quit claim. Basically they are asking for clarification in one direction or the other, and the quit claim is simplest. You don't need a lawyer.
posted by dame at 7:42 PM on May 11, 2016

I would start with a real estate attorney - in a community property state, they should be relatively familiar with how those laws affect real estate transactions, and they might be more familiar with real estate related tax issues than a family law attorney. However, I would guess that a family law attorney would also be able to advise you.
posted by insectosaurus at 4:49 AM on May 12, 2016