[WSBARP] Married couple as tenants in common

[John McCrady]

I think Mr. Nelson's response is well spoken.
We would not have any problem insuring a purchase by "Jane Smith, a married woman as her separate property as to an undivided 80% interest and John Smith, a married man as his separate property as to an undivided 20% interest."
I would suggest a recital on the deed such as: "Jane Smith and John Smith are married to each other but prefer to take title each as their respective separate property and in unequal percentages."



John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.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


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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<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fholmeslawgroup.com&c=E,1,6EYhVPxaFqtenazUmHN0zlc0s2B1tt3VQUuoHMgC3C6gjRnBcZ0ZXtzp1mUVp7hm5e2sUlf2of-AEtH4wUTRtXhlH4HEM43fngt4wmqu3cshYJ6_LrE,&typo=1&ancr_add=1>
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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