[WSBARP] Real Property + Family Law

[Boaz Weintraub]

The court has a statutory duty to dispose of all property before it under
RCW 26.9.80. See Matter of Marriage of Sedlock,849.P.2d 1243 (Wash. Ct.
App. 1993) citing Shaffer vs. Shaffer. Courts have a duty not to award real
property as tenants in common unless the tenancy is for a short duration
and the spouse's interests are established.  It would be legal error to
award it to both as JTWROS in a divorce decree.
*--*
*Boaz "Bo" Weintraub*  | JD, LL.M.

Weintraub Law Office, PLLC

T *(425) 374-4045 <%28425%29%20374-4045>* |  F *(425) 274-7019
<%28425%29%20274-7019>*

www.weintraub-law.com  |  bw at weintraub-law.com

Bellevue Office: 14205 S.E. 36th Street, Suite 100, Bellevue, WA 98006

Bothell Office: 19125  Northcreek Parkway, Suite 120, Bothell,
Washington  98011






On Fri, Dec 10, 2021 at 4:10 PM Dwight Bickel <dwight at dwightbickel.com>
wrote:

> 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
>
> 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
> ***Disclaimer: Please note that RPPT listserv participation is not
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> attorneys, law students, professionals working in related fields, and
> others.***
>
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