Washington Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property

State:
Multi-State
Control #:
US-1159BG
Format:
Word; 
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Description

Community property refers to the system in some states (e.g., Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) for dividing a married couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is separate property. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.

An estate by entirety?also called tenancy by the entirety?is a type of property ownership unique to spouses. Under this form of ownership, if a married couple purchases property together, each has an equal, undivided interest in the joint property.

Items (including real estate and other assets of value) not considered community property are called "separate property." These assets generally aren't part of the property division in a divorce. Separate property in Washington may include: Gifts to only one spouse; Items purchased prior to marriage; and.

Most divorce professionals request a Quit Claim Deed when transferring property for a divorce sale. A basic understanding of the various real estate deeds, i.e., Quitclaim deed vs. Warranty deed, is a must when transferring title and ownership to real estate during a divorce.

Tenancy-In-Common is one way for two or more persons to hold ownership together in Washington Real Estate.

An interspousal transfer deed is a legal instrument used to provide sole ownership to a property that is jointly owned. For instance, the deed can be used to provide the title to a house to one person in a marriage. Note that the technical term for interspousal transfer deed is interspousal transfer grant deed.

A general warranty deed is also called a statutory warranty deed, or just a warranty deed. This is the type of deed most commonly used in Washington real estate transactions. Compared to other deeds, a general warranty deed provides the grantee with the most comprehensive protection.

The interspousal transfer exception applies to both lifetime and at-death transfers. Assume, for example, that the spouses hold title as community property with right of survivorship. This means that the property will pass to the surviving spouse upon the death of the first spouse to die.

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Washington Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property