§ 5.05 JOINT TENANCIES AND TENANCIES IN COMMON

• Jurisdiction: Washington

§ 5.05 JOINT TENANCIES AND TENANCIES IN COMMON

In some community property jurisdictions, there may be ambiguity as to whether joint tenancy and community property are inconsistent. See, e.g., In re Brace, 9 Cal. 5th 903, 266 Cal. Rptr. 298, 470 P.3d 15 (2020). In Washington, however, it is clear that community property can be held in joint tenancy. Chapter 64.28 RCW expressly permits the creation by written instrument of a joint tenancy between spouses from property held as community property, whether the subject matter be realty or personalty. The instrument must expressly declare the interest created to be a joint tenancy. If a joint tenancy is to be created from community property, both spouses must join in the instrument. See In re Patton's Estate, 6 Wn. App. 464, 494 P.2d 238, review denied, 80 Wn.2d 1009 (1972).

In In re Estate of Patton, stock certificates named the husband and children as joint tenants. The stock certificates were purchased with community funds. Upon the husband's death, the court held that...