[WSBAPT] Title question

[Tara]

The presumption for joint tenancy is that all parties (of any number of
individuals) have undivided equal interests in the property.  As each joint
tenant dies, the remaining survivors take equal shares.  The last survivor
takes all.

 

A change or transfer of one or more joint tenant's interest "breaks" the
joint tenancy and essentially converts it to a tenancy in common.

 

The inclusion of "as husband and wife" would indicate a confirmation of the
community property character of the property.

 

I don't think that you can create a joint tenancy between two marital
communities.  After the first individual dies, that would result in unequal
shares held between the individuals.

 

Tara M. Roberts

Puget Sound Law PLLC

roberts at pugetsoundlaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Wednesday, April 29, 2015 1:06 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Title question

 

My clients, a married couple, took title to property with their daughter and
her husband.  Here is how the deed describes the grantees:

 

"Jane Doe and John Doe, wife and husband, and Alice Smith and Bob Smith,
wife and husband, as joint tenants with right of survivorship."

 

Do we think this is two joint tenants (two couples) or four (four
individuals)?  If four, how can we describe it so it is two?

 

Thanks.

 

Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com <http://www.lisaschuchman.com/> 

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