[WSBARP] Deed to husband and wife- JTWROS?

[John McCrady]

One caveat:  RCW 64.28.020 does create a presumption that property acquired by the spouses is community property.  So the conveyance must be clear enough to overcome the presumption if they do not want the title to be community property.  We usually recommend adding "...and not as tenants in common and not as community property."

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, September 17, 2018 2:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed to husband and wife- JTWROS?

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> [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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