[WSBARP] Deed - Joint Tenants or Tenants in Common?

[John McCrady]

I think title insurers would not be willing to insure that as a Joint Tenancy.  By statute the conveyance must show a clear intent to create a Joint Tenancy, and this deed declares it to be both a Tenancy in Common and a Joint Tenancy.

Unfortunate for the parties, for sure.


John McCrady
Counsel
Puget Sound Title Company
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University Place WA 98467
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gerald Sprute
Sent: Wednesday, January 15, 2025 1:12 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Deed - Joint Tenants or Tenants in Common?

Hi All,

Looking for opinions regarding a DIY Deed that I've run across in a client's estate plan.  Unmarried (and unregistered) couple.  He passed, she is surviving.
They own the home as "tenants in common with full rights of survivorship"

So is this JTWROS, or is it Tenants in Common?  Intent was joint tenants. I'm hoping we don't have to start a probate to transfer the home to the survivor.

Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>







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