[WSBARP] Deed to husband and wife- JTWROS?

[Anessa Novasio]

Thanks John. The purpose is to avoid probate. My understanding is that to
do that it has to be explicitly deeded as joint tenants with right of
survivorship. And husband and wife as community property is not enough to
avoid probate. So I didn’t really ask my question is clearly as I should
have. Any further advice would be appreciated. Thank you

On Mon, Sep 17, 2018 at 5:04 PM John McCrady <j.mccrady at pstitle.com> wrote:

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

*This email may contain information that is confidential or attorney-client
privileged and may constitute inside information. The contents of this
email are intended only for the recipient(s) listed above. If you are not
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