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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53715
Experience:  29 years of experience practicing law, including tax and estate planning.
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The statutory warranty deed on our home in Clark County WA

Customer Question

The statutory warranty deed on our home in Clark County WA lists our names followed by "husband and wife"
At death of one of us, does the property automatically go to survivor, or must the deed and/or title list our names followed by "in joint tenancy"?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Richard replied 5 months ago.
Good afternoon. My name is ***** ***** I look forward to helping you. It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 5 months ago.
The "husband and wife" designation does not imply "joint tenancy with right of survivorship." Rather, without the "joint tenancy with right of survivorship" language, you would be considered tenants in common and the property would not automatically go to the survivor. You could easily change this by each signing a quit claim deed transferring the property from yourselves as tenants in common to the two of you as "joint tenants with right of survivorship." The deed would need to be signed by both of you, witnessed and notarized, and then recorded in the real property records of Clark County. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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