[WSBARP] Community Property with Right of Survivorship

[Mark Anderson]

My hypothetical was a single grantor conveying to a single grantee.  Your comment about the REETA in the context of my hypothetical could also apply to grantor X to grantee X and grantee Y as joint tenants.  The signature of grantee Y could provide evidence of delivery.

If the conveyance is characterized as a gift, the Supplemental Statement would provide further evidence of delivery.  However, if the conveyance is characterized as an inheritance, a PR might go ahead and sign the REETA as agent for the grantee (after all, why wouldn't they want to receive property)?  Once the grantee starts receiving the property tax bills, I suppose the grantee can still contest that they ever took delivery of the deed.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, September 4, 2025 10:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Community Property with Right of Survivorship

A single grantee owns 100% so wouldn’t have a joint tenancy. Do you mean single grantor X conveys to themselves AND one other grantor? Conveyance by X to X and Y as joint tenants? If that’s what you mean, I think the statute appears to allow that without Y’s express consent, but my recollection is that it has been questioned in case law. In past years I have run across deeds with the “we consent to JTWROS” signatures of the grantees added at the end of a deed.

Maybe this issue is resolved now and I’m bringing up an old issue. But I thought it was worth mentioning.

Your last comment—what if the grantee doesn’t want the property—a deed is not effective until it is delivered, so grantee’s acceptance of the property is created by accepting receipt of the deed itself.

Recording creates a rebuttable presumption of delivery; a grantee can dispute that they ever accepted the deed. Though these days you can’t get a deed recorded without a REETA signed by grantee as well as grantor, which limits the possibility of a grantee refusing delivery.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Thursday, September 4, 2025 10:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Community Property with Right of Survivorship

I am interested in Eric's comment regarding creation of a joint tenancy by (what I presume is) a single grantor without the consent of the grantee.  Could you address what might seem to be an analogous situation in which a single grantor executes a quitclaim deed in favor of a single grantee?  Do you seek the grantee’s consent?  If not, what if the grantee doesn't want the property?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Thursday, September 4, 2025 9:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Community Property with Right of Survivorship

I think the operative language to create automatic survivorship is “as joint tenants” per RCW 64.28.010. There was a discussion recently on a listerv (maybe not this one) talking about how the phrase “with right of survivorship” technically isn’t necessary under the statute, though everyone seems to include it.

I think you could say “X and Y, husband and wife, as their community property, and as joint tenants with right of survivorship.”

One side note—I think it has been questioned as to whether a joint tenancy can be created unilaterally by a grantor, without direct simultaneous evidence of the grantees’ consent to the joint tenancy. So a conveyance of “Z conveys to X and Y as joint tenants” might not be effective to create joint tenancy between X and Y, unless an acknowledgment is added that says something like “X and Y acknowledge and accept their interests received as joint tenants” and X and Y sign it. (I don’t think notarization is necessary for that part.)

Of course, a deed of “X and Y convey to X and Y as joint tenants” automatically has the consent built in, since the grantees are also the grantors. And under the statute I think “X conveys to X and Y as joint tenants” also works in theory. Frankly, I think the statute was meant to allow joint tenancy to be unilaterally created by a grantor, but I’m not positive it has been interpreted that way. But the safe route I believe is to have simultaneous express consent by all grantees to the joint tenancy.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Peter Harman
Sent: Thursday, September 4, 2025 9:03 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Community Property with Right of Survivorship

When a Washington married couple wants to own real property as community property with the right of survivorship, is it ever appropriate to use "X and Y, husband and wife, as community property with right of survivorship" as the vesting language?

Or must one say "X and Y, husband and wife, as joint tenants with right of survivorship" and always rely on RCW 64.28.040(1) for the presumption that joint tenancy interests held by a married couple are community property?

Thanks,

Peter Harman, Esq.

Admitted in Oregon, Washington, & California

PO Box 322
Hood River, OR 97031
541-402-1138

www.peterharmanlaw.com<http://www.peterharmanlaw.com>

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