§10.4 - Capacity of Parties

• Jurisdiction: Washington

§10.4 CAPACITY OF PARTIES

A lawyer representing a seller should determine independently who or what entity is vested in the fee title to the real property at issue. Parties to a REPSA must meet the same capacity requirements required of a grantor and grantee for conveyance of title to real property.

(1) Marital communities

RCW 26.16.030, in conjunction with RCW 26.04.010, requires that both spouses or persons in a registered domestic partnership join in any sale, encumbrance, purchase, or contract to purchase community real property (except for a purchase or sale of business real estate in the ordinary course of business when only one spouse or domestic partner participates in the management). Despite the limitation of the statute, courts have repeatedly held that a marital community is bound by the act of one spouse when there is sufficient evidence of authorization, ratification, or estoppel. Brubaker v. Hovde, 45 Wn.App. 44, 723 P.2d 1193 (1986); Colorado Nat'l Bank of Denver v. Merlino, 35 Wn.App. 610, 668 P.2d 1304, 1308, review denied, 100 Wn.2d 1032 (1983); Daily v. Warren, 16 Wn.App. 726, 558 P.2d 1374, review denied, 88 Wn.2d 1017 (1977); Huling v. Vaux, 18 Wn.App. 222, 566 P.2d 1271 (1977)...