[WSBARP] Married couple as tenants in common

Tue Jul 14 09:46:05 PDT 2026

Thanks all.  Fortunately, a quick check with the title department resolved the issue.

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

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Sent: Tuesday, July 14, 2026 11:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Married couple as tenants in common

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
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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

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

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://urldefense.proofpoint.com/v2/url?u=https-3A__linkprotect.cudasvc.com_url-3Fa-3Dhttps-253a-252f-252fholmeslawgroup.com-26c-3DE-2C1-2C6EYhVPxaFqtenazUmHN0zlc0s2B1tt3VQUuoHMgC3C6gjRnBcZ0ZXtzp1mUVp7hm5e2sUlf2of-2DAEtH4wUTRtXhlH4HEM43fngt4wmqu3cshYJ6-5FLrE-2C-26typo-3D1-26ancr-5Fadd-3D1&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=99mcggAkYERy1-yzGtdxttxOROFWIbbsscjWo0sEDhE&m=NoXIPyUqWRN5E8phQaI_zmLzzJ2DfSvibJR3fXSD5QVG_VxYvr57x8EOfKsyulOo&s=TqZu8jv7HYIXFPgouINSZJFgMvB8zafbrmCxNlyxVrI&e=>
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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