[WSBAPT] Title question

Wed Apr 29 14:14:13 PDT 2015

It seems to me that the community interest is only as between the
spouses.the community estate is not a separate entity, like a corporation or
a trust, so all 4 parties would be the owners, not 2 communities.

Craig

> Law Office of Craig Sjostrom, 1204 Cleveland Ave., Mount Vernon, WA  98273
Phone (360) 848-0339  Fax (360) 336-3488 email cdsjostrom at comcast.net
<mailto:cdsjostrom at comcast.net> 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, April 29, 2015 2:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Title question

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
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.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 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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