Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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JTWROS stands for Joint Tenancy with Right of Survivorship. It is the way that married people in Washington hold title just by virtue of being married. It means the surviving spouse just sends me the death certificate of the deceased spouse and Zelle’s me $50 so that I can electronically record a cover sheet and the death certificate and the County Recorder removes the deceased spouse’s name from the title and re-titles the property in the name of the surviving spouse, an unmarried individual as sole and separate property. No Probate is needed for married people in Washington State to receive clear title to real estate.

In simple terms, JTWROS is a type of joint ownership where multiple individuals share equal ownership of an asset, such as real estate, financial accounts, or personal property.  For married people, holding title as a married couple or as wife and husband, husband and husband or wife and wife is sufficient to avoid probate. For unmarried persons, the words as Joint Tenants with Right of Survivorship must follow the names. If not, then Tenants in Common is presumed which means the surviving partner may have a dispute regarding the deceased partner’s half of the property.

Key Features of JTWROS:

• Right of Survivorship: If one joint owner passes away, their share of the property transfers to the surviving joint owner(s) without going through probate once the death certificate and cover sheet are recorded and the recording fee paid. You get a break for Death Certificates at only $50 to Record. Deeds cost $400 to electronically Record.
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• Equal Ownership: All joint tenants hold equal shares in the property and have equal rights to use and enjoy it. It is possible to have more than two JTWROS. For example, if a family of 4 were all on title as JTWROS, whoever lives longest owns the house. All Tenants of a property must agree in writing to a refinance or sale of that property.
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• Avoids Probate: The property passes directly to the surviving owner(s), bypassing the probate process which takes a minimum of 6 months and costs a minimum of $2,500 and requires public disclosure of asset values.
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• Shared Responsibilities: Joint owners share equal responsibility for financial obligations related to the property such as property taxes and maintenance.  The signers of the Promissory Note and Deed of Trust (commonly referred to as a mortgage) are liable for the mortgage debt. Title and the Note are independent.
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• Warning. Changing Title does not change the Note, so if a Spouse is removed from Title pursuant to divorce for example, liability on the Note continues until the property is refinanced or sold no matter how many decades it takes for that to happen.

How it Works:

The JTWROS transfer happens regardless of what is stated in the deceased owner’s Will. 

Example:

A married couple purchases a home and holds it as JTWROS. If one spouse dies, the surviving spouse becomes the sole owner of the home once the death certificate and cover sheet are recorded and the recording fee paid.. 

Requirements for Establishing JTWROS:

To establish a JTWROS, the following “four unities” must be met: 

• Unity of Time: All joint tenants must acquire their interest in the property at the same time.
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• Unity of Title: All joint tenants must obtain ownership through the same legal document (e.g., a deed).
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• Unity of Interest: Each joint tenant must have an equal share of the property.
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• Unity of Possession: All joint tenants must have the equal right to possess and use the entire property. 

JTWROS vs. Other Forms of Ownership:

JTWROS differs from other forms of joint ownership like Tenancy in Common, where owners can hold unequal shares and the right of survivorship does not apply. In a tenancy in common, the deceased owner’s share passes to their heirs or beneficiaries as specified in the Intestacy Statute or in their Will if the Will is validated by the Probate Court and admitted to Proabate. 

Considerations:

While JTWROS offers the benefit of probate avoidance and a streamlined transfer of ownership, it’s important to consider its potential disadvantages, such as: 

• Limited control over asset distribution: You cannot transfer your share of the property to someone outside the JTWROS arrangement.
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• Potential for disputes: Disagreements among co-owners regarding the property can arise. Both must sign to refinance or sell, so if the co-owners don’t agree nothing happens unless they go to Court and get an Order.
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• Shared financial responsibility: You are responsible for the entire mortgage or loan if your co-owner fails to make payments and you both signed the Promissory Note. 

It’s advisable to consult with Christopher S. Mulvaney to determine the best ownership structure for your specific situation. 

RCW 64.28.010

Joint tenancies with right of survivorship authorized—Methods of creation—Creditors’ rights saved.

Whereas joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings, there shall be a form of co-ownership of property, real and personal, known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy. Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy. It may be created by a single agreement, transfer, deed, will, or other instrument of conveyance, or by agreement, transfer, deed or other instrument from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from both spouses or both domestic partners, when holding title as community property, or otherwise, to themselves or to themselves and others, or to one of them and to another or others, or when granted or devised to executors or trustees as joint tenants: PROVIDED, That such transfer shall not derogate from the rights of creditors.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.