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ISSAQUAH LAW GROUP

Issaquah Law Group: Experienced Counsel; Client Focus

PHILOSOPHY: Formed in 2014, Issaquah Law Group is a law firm with one focus: providing businesses and insurers with high quality legal representation with the responsiveness of a smaller firm. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built upon clear and consistent communication. 

LITIGATION: We work closely with our clients to fully and accurately understand their goals, work collaboratively to formulate specific legal strategies, and execute the agreed plan of action utilizing methods most likely to result in the efficient and effective resolution of the matter. ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals in the areas of personal injury and wrongful death, product liability, commercial general liability, labor & employment, construction litigation, and catastrophic losses due to fire and explosion.

BUSINESS LAW: Rarely is the path from point A to point B a straight line, so our role in a business law practice is to find alternatives, devise workable strategies, and keep your business ideas, goals and objectives moving toward realization. ILG’s business attorneys help clients achieve their goals with respect to business formation, intellectual property, labor and employment, CAN-SPAM, copyright and trademark

COMMUNITY: In addition, the Lawyers at Issaquah Law Group remain active in the legal and civic community. A core commitment of our Issaquah Attorneys is community service. Our attorneys' civic involvement includes the King County Civil Rights Commission; the City of Issaquah Planning Policy Commission; the Northwest Screenwriters Guild, service as a pro tem judge. We live and work in the Pacific Northwest, and we aim to make it a better place.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup - Washington State Supreme Court

In re Estate of Borghi

A has C, a son from a previous marriage. A buys Blackacre. A married B. A deeds Blackacre jointly to A & B. A dies instestate. Under the rules of separate property, Blackacre is property acquired before marriage and passes by the rules of intestate succession. Under the rule of presumed joint gifting, Blackacre goes to B.

The court simply framed the question as whether the warranty deed to A & B converted the property to community property such that it would pass to B. The rule is that absent sufficient evidence of an intent to convert the nature of the property, it stays what it was on the date of acquisition. "While this could be accomplished through a quit claim deed or other real property transfer, a properly executed community property agreement may also effectuate a transfer of real property." Thus, simply including the name on the warranty deed, without further evidence of an intent to actually transfer the property to the community, doesn't suffice. "We have consistently refused to recognize any presumption arising from placing legal title in both spouses' names and instead adhered to the principle that the name on a deed or title does not determine the separate or community character of the property, or even provide much evidence."

Always have to look to the true intent of the parties. If the evidence of intent is scant, you will have a hard time overcoming a presumption.

Now, given this was a 4-1-4 opinion, the breakdown of the law will only hold to the extent that it was concurred with:

See above. She adopted the lead opinion reasoning and wrote only to say that there was no other evidence outside the name on the deed, so the court, under our states abstention principles, should not have even looked to the question of what kind of evidence would be sufficient.

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