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6 Common Ways to Hold Title....
- A Single Man/Woman
A man or woman who is not legally married.
- An Unmarried Man/Woman
A man or woman who, having been married, is legally
divorced.
- A Married Man/Woman. As His/Her Sole and Separate
Property
When a married man or woman wishes to acquire title
in his or her name alone, the spouse must consent
by signing a quitclaim deed or other similar instrument,
thereby relinquishing all rights, title and interest
in the property.
- Community Property
The Washington civil code defines community property
as property acquired by husband and wife, or either,
during marriage, when not acquired as the separate
property of either. Real property conveyed to a married
man or woman is presumed to be community property
unless otherwise stated.
Holding property as community property can have certain
tax advantages upon the death of a spouse. See your
attorney or accountant for details.
Under community property, both spouses have the right
to dispose of one-half of the community property by
will, but all of it will go to the surviving spouse
without administration, if the other spouse dies without
a will. If a spouse exercises his/her right to dispose
of one-half, that half is subject to administration
in the state.
- Joint Tenancy
A joint tenancy estate is defined in the civil code
as follows: "A joint interest is one owned by
two or more persons in equal shares, by a title created
by a single will or transfer, when expressly declared
in the will or transfer to be a joint tenancy."
A chief characteristic of joint tenancy property is
the right of survivorship. When a joint tenant dies,
title to the property immediately vests in the survivor
or surviving joint tenants. As a consequence, joint
tenancy property is not subject to disposition by
will.
- Tenancy in Common
Under tenancy in common, the co-owners own undivided
interests, but unlike joint tenancy, these interests
need not be equal in quantity or duration, and may
arise from different times. There is no right of survivorship:
each tenant owns an interest which on his or her death
vests in his or her heirs or devisees.
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