[WSBARP] Deed to husband and wife- JTWROS?

[Eric Nelsen]

Correct, to create JTWROS with husband and wife you must have deed to them "as joint tenants with right of survivorship." Merely designating them as "husband and wife" does not create a right of survivorship. In fact, in most instances it doesn't even create a presumption that the property is community property of the spouses--it could still be the separate property of one of them.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Anessa Novasio
Sent: Monday, September 17, 2018 11:00 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Deed to husband and wife- JTWROS?

Greetings,

 My understanding is that a deed with the grantees as husband and wife does not automatically create a joint tenancy with right of survivorship.

So in order to have a JTWROS one would need a quit claim deed specifying to X and Y as husband and wife as joint tenants with right if survivorship per RCW  64.28.010.  Is that correct, or is it enough to say to X and Y as husband and wife??

Thanks in advance!
Anessa
--
Anessa Novasio, Attorney at Law, PLLC
5623 Rainier Ave S
Seattle WA 98118
phone: (425) 954-7570
fax: (206) 260-9128
www.slidingscalelaw.com<http://www.slidingscalelaw.com>

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