[WSBAPT] Title question

Wed Apr 29 14:03:15 PDT 2015

I have had conversations with title companies on the issue of community property and JTWROS before. The end result of those conversations has generally been that a married couple can own property as JTWROS, or as Community Property (as husband and wife) but not both, that is, if a married couple wanted to own as JTWROS, it should clarify not only "and not as tenants in common", but also "nor as community property". I'm not sure that I entirely agree, but tend to find that the title companies drive this bus so to speak, and we do it the way they want to see it.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tara
Sent: Wednesday, April 29, 2015 1:23 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Title question

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<mailto:roberts at pugetsoundlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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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