[WSBARP] Joint Tenancy Agreement

[Jeanne Dawes]

If this is for real estate you do this using a deed.  Here is the Rule:

RULE:  A joint tenancy can only be created by a written instrument which expressly declares that the interest created is a joint tenancy  RCW 64.28.010.  Deed must clearly convey grantors intention to create a joint tenancy with right of survivorship.  Also, the interest of each joint tenant must be equal in four respects:

            1)         TIME:  Grantees interest must vest at the same time;
                        2)         TITLE:  Legal title to the property must be acquired in the same deed or instrument and held in the names of all the joint tenants;
                        3)         INTEREST\OWNERSHIP:  The ownership shares of all joint tenants must be equal.
                        4)         POSSESSION:  Each joint tenant must have equal rights to possession of the whole property

SEVERABILITY:  One joint tenant may convey his interest in the property, but the new grantee will be merely a tenant-in-common, not a joint tenant, and if only two owners survivorship feature will be destroyed.  If more than two joint tenants, remaining joint tenants will keep survivorship feature as between them.

VESTING:  James R. Smith, an unmarried person, and John A. Doe, an unmarried person, as joint tenants with the right of survivorship, and not as tenants-in-common.

FOR INSURABILITY A TITLE COMPANY MAY REQUIRE AN ACKNOWLEDGMENT BY THE GRANTEES OF THEIR INTENT TO TAKE THE PROPERTY AS JTWRS.  A SIGNED ACKNOWLEDGEMENT ON THE DEED TYPCIALLY WILL SUFFICE.

LANGUAGE TO INSERT ON DEEDS TAKEN AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP (JTWRS):

Grantees acknowledge their intent to acquire this property as Joint Tenants with Right of Survivorship and not as community property or as tenants in common.  Upon the death of either Grantee the deceased Grantee's interest shall pass to the surviving Grantee.

Grantees' signatures do not need to be notarized.


Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Samuel M. Meyler
Sent: Thursday, July 09, 2015 3:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Joint Tenancy Agreement

Listmates,

Does anyone have a sample Joint Tenancy Agreement for an unmarried couple that seeks to establish ownership as joint tenants with rights of survivorship?  Thanks in advance.

Samuel M. Meyler
Attorney at Law
Mail:  P.O. Box 777 | Redmond, WA 98073-0777
Location:  8201 164th Ave. NE, Suite 200 | Redmond, WA 98052
Tel:  425.881.3680 | Fax:  425.881.1457 | Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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