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

[Jon Fritzler]

I practiced in Oregon until a few years ago where, like Florida, a deed to "husband and wife" creates a Tenancy by the Entireties which entails right of survivorship.

Thank you to all who responded.

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>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Thursday, June 6, 2019 9:36 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

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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