[WSBARP] Married couple as tenants in common

[Jason Burnett]

I would recommend a written, acknowledged agreement of separate property status as to this specific asset if they want to be reasonably confident this unusual division will be enforced later without confusion or litigation.  Ounce of prevention and all....

Jason W. Burnett
Attorney at Law
Reed Longyear Corwin Burnett & Calogero, PLLC
[cid:image001.png at 01DD1372.C8A096F0]
801 Second Ave, Suite 1415, Seattle, WA 98104
(206) 624‑6271 | Fax: (206) 624‑6672
jburnett at reedlongyearlaw.com<mailto:jburnett at reedlongyearlaw.com>
www.reedlongyearlaw.com<http://www.reedlongyearlaw.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, July 14, 2026 9:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Married couple as tenants in common

You are not mistaken, but it’s probably easier to do what the title insurer wants and then do a deed post-closing, from the couple as grantors to each of them as grantees to create the 80-20 separate property interests.

Note that the result would definitely be separate property interests and not community property; it’s not possible for a married couple to hold community property as anything other than “community” with equal rights of management, reimbursement, etc., under community property law.

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 marc holmeslawgroup.com
Sent: Tuesday, July 14, 2026 8:47 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Married couple as tenants in common

I've just been advised by an escrow company for a large title insurer that a married couple buying a home must take title as husband and wife and cannot vest title in unequal shares.  I have clients wanting to take as tenants in common with 80-20 split and have pushed back on this.  Am I mistaken in my understanding that Washington law allows married persons to take title as tenants in common and as such can take in unequal percentages?







Marc Holmes, JD
Holmes Law Group PLLC

2303 W. Commodore Way, Suite 306

Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 849-0853


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