[WSBARP] Real Property + Family Law

[Dwight Bickel]

That soon to be divorced couple are making an error that I saw way too often. They will not enjoy all the problems inherent in tenancy-in-common, but with an additional risk. The attribute of survivorship is the likely motivation. They don’t understand about severance by either party, often unintentional. They should create a trust, holding title as co-trustees, so the trust terms cannot be changed and the expectation for the survivor to hold 100% is protected. Seriously, I wouldn’t let my clients make that error. I have seen post-divorce joint ownership work out well exactly never.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Friday, December 10, 2021 8:21 AM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Real Property + Family Law

All,

Husband and wife are divorcing, but currently still married. They own a piece of unimproved land that for some reason they want to continue to own together after divorce. They do not want to be tenants in common; they want to hold this land as joint tenants with the right of survivorship.

Words of wisdom regarding the best time and way to do this?

Lynn Clare
Clare Law Firm, PLLC
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