David and Priya are married and own a home in Bellevue, Washington, as community property with right of survivorship. David wants to convey the property to a third-party buyer without Priya's knowledge or consent. Under Washington law, which statement is MOST accurate?
Correct Answer
D) David cannot convey the property without Priya's signature, as both spouses must join in any deed conveying community real property
Under RCW 26.16.030, both spouses must join in any deed or conveyance of community real property. Washington law requires both spouses' signatures on a deed conveying community property, regardless of which spouse manages the property day-to-day. A deed signed by only one spouse conveying community real property is generally voidable. This rule applies equally to CPWROS, which is a form of community property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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