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

[Tom Westbrook]

See RCW 64.28.010 and .020.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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Rodgers, Kee Card & Strophy, P.S.

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Olympia, Washington  98502



Phone: 360-352-8311

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Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Stephen A. Brandli
*Sent:* Thursday, June 06, 2019 9:07 AM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Does deed to X and Y, as husband and wife, create
right of survivorship



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 fritzlerlaw at outlook.com



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