[WSBARP] Single Woman grants interest in her home to herself and her married girlfriend as JTWROS - How to Clear Title Back into Single Woman

[Kary Krismer]

I'm not sure it matters where the couple lives, presumably the grant of 
the joint tenancy interest was a gift, and therefore the separate 
property of the grantee spouse.  I'm making the assumption, however, 
that Washington law would control given we are dealing with real 
property, although it's unlikely a non-CP state would have a different 
result.

I would think a title company would have the same opinion, given that 
unless RCW 6.13.060 applies (which it doesn't seem to here), I've seen 
that they will accept just the signature of the spouse in title.

But yeah, it would be "safer" to have the other spouse join.

Kary L. Krismer
206 723-2148

On 5/27/2021 9:31 AM, Jeff at bellanddavispllc.com wrote:
>
> Listmates,
>
> I love it when clients “do their own thing” as they know more then, 
> say you lawyers.  Client, for estate planning purposes, quit clamed 
> from herself, to herself as a single woman and to X, a married woman 
> as joint tenants with right of survivorship.  Client now wants to take 
> that woman off title, and apparently “X” is willing to sign a quit 
> claim deed to do that.  However, what about “X”’s spouse.  They live 
> on the east coast in a non-community property state.  This is more of 
> a title issue, but would it be safer to also have “X”’s spouse sign 
> the quit claim deed?  In the deed creating the JTWROS did not say “X” 
> took her interest “as her separate property.”
>
> Jeff Davis
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>
> The information contained in this e-mail message may be privileged, 
> confidential, and protected from disclosure. If you are not the 
> intended recipient, any dissemination, distribution, or copying is 
> strictly prohibited. If you think that you have received this e-mail 
> message in error, please e-mail the sender at 
> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or call 
> 360.683.1129.
>
> **
>
>
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210527/d8f4dca3/attachment.html>