[WSBARP] Does deed to X and Y, as husband and wife, create right of survivorship

[Stephen A. Brandli]

Deed to “husband and wife” nominally creates community property.  At death,
a spouse can devise his or her ½ of community property, and community
property of a spouse dying intestate goes to the survivor.

 

However, in Washington, title does not necessarily determine the character
(community or separate) of property.  There is a presumption that property
acquired during the marriage is community property.  However, a proponent of
separate characterization can prove, by clear and convincing evidence, that
the source of funds for the purchase had a separate character (premarital or
from a gift to that spouse) and that therefore the real property is
separate.

 

To create a right of survivorship in the deed, the deed should be a joint
tenancy, which creates a non-probate asset.

 

                Steve

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jon Fritzler
Sent: Thursday, June 6, 2019 8:46 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Does deed to X and Y, as husband and wife, create right of
survivorship

 

Does a deed to X and Y, as husband and wife, create a right of survivorship
or can X and Y direct who will receive his or her interest in the property
at death?  

Thanks in advance.

 

Sincerely,

Jon M. Fritzler

Attorney at Law

PO Box 61451

Vancouver, WA 98666

Tel. 360.818.4431

E-mail  <mailto:fritzlerlaw at outlook.com> fritzlerlaw at outlook.com

 

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