[WSBARP] Deed to husband and wife- JTWROS?

[Teunis J. Wyers]

When husband and wife take title as joint tenants with right of
survivorship, instead of as community property, do they get a stepped up
tax basis on the entire property at the first death, or just in the half
owned by the decedent?

On Mon, Sep 17, 2018 at 4:58 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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-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
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