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Property OwnershipCommunity_property_rules_and_spousal_consentMEDIUM

James and Karen are married and own their primary residence in Bellevue. They want to ensure that if either of them dies, the survivor will receive the deceased spouse's interest in the home without going through probate. Which form of ownership should they choose under Washington law?

Correct Answer

C) Community property with right of survivorship, because it combines community property protections with automatic survivorship outside of probate

Washington recognizes community property with right of survivorship (CPWROS) as a distinct form of ownership. When one spouse dies, the surviving spouse automatically receives the deceased spouse's interest without going through probate, while also retaining the community property tax advantages (full step-up in basis for both halves). This is specifically designed for married couples who want survivorship rights combined with community property benefits.

Answer Options
A
Tenancy in common, because it allows each spouse to will their share to the survivor
B
Standard community property, because Washington law grants survivorship rights to all community property
C
Community property with right of survivorship, because it combines community property protections with automatic survivorship outside of probate
D
Joint tenancy, because it is the only form of ownership in Washington that avoids probate

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Related Topics & Key Terms

Key Terms:

community_property_with_right_of_survivorshipprobate_avoidancejoint_tenancywashington_specific
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