[WSBARP] Creation of Joint tenants

Mon Sep 19 16:16:17 PDT 2022

I agree with Jody that the title company is right that the deed needs to be
from "A to A and B as joint tenants with right of survivorship," but not
because of a requirement of unity in time. Traditionally, A and B both had
to come into title at the same time as JTWROS - the unity of time. RCW
64.28.010 dispensed with that requirement, yet doesn't allow for a deed
simply from "A an undivided 50% interest to B as JTWROS". The statute
requires the deed creating JTWROS to include the pre-existing owner as a
grantee.

Here is the relevant portion of the statute:
"It may be created by a single agreement, transfer, deed, will, or other
instrument of conveyance, or by agreement, transfer, deed or other
instrument from a sole owner to himself or herself and others, or from
tenants in common or joint tenants to themselves or some of them, or to
themselves or any of them and others, or from both spouses or both domestic
partners, when holding title as community property, or otherwise, to
themselves or to themselves and others, or to one of them and to another or
others, or when granted or devised to executors or trustees as joint
tenants: PROVIDED, That such transfer shall not derogate from the rights of
creditors."

Spencer A. W. Stromberg
Attorney at Law

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On Fri, Sep 9, 2022 at 2:52 PM Jody M. McCormick <jmm at witherspoonkelley.com>
wrote:

> 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
> jmm at witherspoonkelley.com | Attorney Profile
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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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