[WSBARP] joint tenants

Tue May 11 15:47:48 PDT 2021

The  presumption is, under RCW 64.28.020, when two or more people acquire an interest in real estate that interest is tenants in common.  Title Companies, when asked to insure a purchase as Joint Tenants with rights of survivorship, ask that the recital be:  "as joint tenants with rights of survivorship and not as tenants in common" in order to clearly overcome the presumption.
When asked to insure a conveyance or mortgage by a surviving joint tenant where the above language is absent we are forced to review the totality of the circumstances and make a decision.
Thankfully it doesn't come up often.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, May 10, 2021 5:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] joint tenants

Well, the old school is that they are two separate and distinct forms of ownership.  Of course, everything has become muddled.  Once again, ask the title companies; the gods of title.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<https://r.xdref.com/?id=14B0d09l001898&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.doranlegal.com>

On Mon, May 10, 2021 at 5:13 PM Roger Hawkes <Roger at law-hawks.com<mailto:Roger at law-hawks.com>> wrote:
I have read the below statute as creating joint tenancy with right of survivorship whenever a deed identifies two or more people as "joint tenants", unless there is some good evidence of other intent; so distinguishing between jtwros and tic is the issue.  What thinks the hive mind?
RCW 64.28.010<https://r.xdref.com/?id=14B0d09l001898&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://app.leg.wa.gov/RCW/default.aspx?cite=64.28.010>

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<https://r.xdref.com/?id=14B0d09l001898&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D7467C.FD748580]

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://r.xdref.com/?id=14B0d09l001898&from=wsbarp-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://mailman.fsr.com/mailman/listinfo/wsbarp>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210511/b14384f2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4641 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210511/b14384f2/image001.jpg>