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

[Kary Krismer]

If a judgment is only against one spouse, and not the community, then 
subject to only a few exceptions the community property cannot be 
reached by the judgment creditor.  The one exception I (think I) 
remember is certain tort claims, where the creditor can reach half.

Kary L. Krismer
206 723-2148

On 6/6/2019 9:35 AM, nestor at pplsweb.com wrote:
>
> This was a huge change for me coming from FLA where title as “husband 
> and wife” created a Tenancy by the Entireties, which not only created 
> an automatic survivorship to remaining spouse, but exempted the 
> property from a judgment against one spouse.
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
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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 6, 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 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto: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 
> <mailto: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 <mailto:fritzlerlaw at outlook.com>
>
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