[WSBARP] Creation of Joint tenants

[sdonahue at sdonahuelaw.com]

I just changed a property to a joint tenancy when the sole owner was an
unmarried man and he and his partner, an unmarried woman, wanted to own the
property as joint tenants. She had paid off the mortgage.  Nothing was owed
on the property, and the transfer was done as a gift.  He was the grantor
and both of them were the grantees using the language below.  

 

Best language to create a joint tenancy is:

 

            "O to A and B as joint tenants, with right of survivorship, and
not as tenants in common."

 

 

According to the court in In re Estate of Magee, 55 Wn. App. 692, 780 P.2d
269 (199), when  a husband and wife attempt to change community property to
joint tenancy property, compliance with the terms of RCW 64.28.010 must be
clear.  See In re Olson's Estate, 87 Wn. 2d 855, 557 P.2d 302 (1976).

 

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Friday, September 9, 2022 2:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Creation of Joint tenants

 

Listmates.  We have a situation of a deed in which son grants an undivided
50% interest to his mother as Joint Tenants.   Title company is refusing to
accept joint tenancy because Grantor did not grant it to himself and his
mother as Joint Tenants,  Has anyone seen any case law on this?   Client
can't afford a lot of research time so thought I would ask the collective.
Thanks and have a great weekend

 

GOURLEY LAW GROUP

THE EXCHANGE CONNECTION

SNOHOMISH ESCROW 

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092 

 

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