[WSBARP] Creation of Joint tenants

[Craig Blackmon]

One of the requirements of joint tenancy is acquiring ownership at the same
time, right? If so, then simply "adding someone to title" isn't enough to
create joint tenancy -- I think title has it right.

CB
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
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Office/Cell: (206) 369-5949
On the blog: Co-Ownership of Real Property by Single People
<https://www.fsbolawyers.org/blog/tenants-in-common-agreement>
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On Fri, Sep 9, 2022 at 2:33 PM <sdonahue at sdonahuelaw.com> wrote:

>
>
> 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*
>
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>
>
> *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
>
>
>
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