Full question:
My significant other (a single woman) and I (a single man) purchased a house as 'Joint Tenants with right of Survivorship'. We have lived in the house together continuously for over 6 years Do I have the right to sever the joint tenancy and what are some of the legalities involved in this?
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: Washington
Answer:
Whether you can sever the joint tenancy depends on specific circumstances, including whether your significant other agrees to it. A joint tenancy can be severed through a voluntary agreement to transfer your interest to another party. If one joint tenant conveys their interest, it terminates the joint tenancy and converts it into a tenancy in common, which eliminates the right of survivorship.
You can prepare a deed to change the tenancy from joint tenants to tenants in common. Additionally, a joint tenant can record a quitclaim deed from themselves as joint tenants to themselves as tenants in common. If your significant other does not consent and you still wish to own the property, you may need to seek a court order for severance.
It's important to note that living together in a non-marital relationship does not automatically grant either party rights to the other’s property acquired during the relationship. However, couples can enter into contracts to define their rights regarding earnings and property acquired during cohabitation. These agreements can cover how property is held—whether separately, jointly, or under community property laws.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.