[WSBAPT] Title question

Wed Apr 29 13:32:36 PDT 2015

More comment.  I have seen joint tenancy with right of survivorship between
two entities (couples) who owned their share of the asset as Tenants by the
Entirety.  I do think you can have a joint tenant interest between two
couples, but it really isn't clear what the intent was between the four of
them.  Hence my question about what is the goal or problem you are
concerned with.  If their intent is that the last one standing owns it,
there may not be an issue.  If there is an effort by one of the parties
(individual or couple) to change the situation, then there are issues.  If
one transfers, though (either individual or couple) then the JTROS is
broken and you have Tenants in common....

On Wed, Apr 29, 2015 at 1:29 PM, Katharine P. Bauer <kpb at bpblegal.com>
wrote:

> My statement should have been, why are you worrying about it?  What is the
> goal or problem that is of concern.
>
> On Wed, Apr 29, 2015 at 1:23 PM, Tara <pugetsoundlaw at gmail.com> wrote:
>
>> 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
>>
>> I prefer an excess of caricature to an excess of censorship. -Nicolas
>> Sarkozy
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>
>
>
> --
> Katharine P. Bauer
> Bauer Pitman Lifetime Legal, PLLC
> 1235 Fourth Ave. East, Suite 200
> Olympia, Washington 98501
> tel. 360.754.1976
> fax. 360.943.4427
>
>  e-mail: kpb at bpblegal.com
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
1235 Fourth Ave. East, Suite 200
Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

 e-mail: kpb at bpblegal.com

 This message is confidential and may be protected by the attorney-client
privilege; it is intended solely for the use of the individual named above.
If you are not the intended recipient, you are hereby advised that any
dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this e-mail in error, please immediately
notify the sender by telephone or e-mail, delete this message from your
files, and return any printed copies to the sender by U.S. mail. Circular
230 Disclosure: Any tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used,
for the purpose of (i) avoiding penalties that may be imposed under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction, arrangement, or other matter
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