[WSBARP] Creation of Joint tenants

Jody M. McCormick jmm at witherspoonkelley.com
Fri Sep 9 14:46:18 PDT 2022


I believe the title company is right.  You are missing one of the four unities necessary to create a JTWROS - the unity of time.  The joint tenants must obtain their interests in the property at the same time.


Jody M. McCormick
Principal | Witherspoon * Kelley
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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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