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Tenancy by the Entireties Abolished under RCW 11.04.071

By Theresa Petrey, Esq.

Recently, a local non-lawyer suggested that tenancy by the entireties was a mechanism that could be used to avoid probate through joint ownership. This is not so, as Washington abolished this type of a right of survivorship some time ago. While it may seem simple enough to transfer property outside of probate by titling property in joint tenancy or vesting as husband and wife, and there is a statutory presumption that property held in common by a husband and wife is community property, Washington Courts require more than mere deed language to ascertain the actual character of property as separate or community. "More Importantly, even when a spouse's name is included on a deed or title at the direction of the property owner spouse, this does not evidence intent to transmute separate property into community property, but merely and intent to put both spouse's names on the deed or title." In Re: Borghi In the end, you still need to consult with a lawyer to assemble all the documentation.

Full post as published by The Law Blawg of Theresa Petrey, PLLC on November 24, 2010 (boomark / email).