Washington Couples: Rights of Survivorship vs Tenants-in-Common in Community Property Law

A retiree in Washington state seeks legal clarity on housing after two prior marriages ended with joint tenancy-in-common deeds on family homes. He prefers joint tenancy with right of survivorship (JTWROS) to avoid future complications if his third spouse predeceases him, but her preference is to keep a tenants-in-common split, leaving his daughter potentially with no inheritance. Legal experts note Washington is a community-property state with CPROS often superior to JTWROS for automatic survivorship and tax benefits, including a step-up in basis. Marital property is typically split more equally in longer marriages, while short-term marriages aim to restore pre-marriage positions. Washington does not provide an elective share for the surviving spouse. Practical options include CPROS or a clearly drafted life-estate agreement memorialized in a postnuptial to protect both partners’ wishes and prevent future housing insecurity.