Property OwnershipCommunity_property_with_right_of_survivorshipMEDIUM
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.
Answer Options
A
David may convey his one-half interest to the buyer, who will then own the property as a tenant in common with PriyaB
David may convey the entire property because community property can be managed by either spouse acting aloneC
David may convey the property if he provides written notice to Priya at least 10 days before closingD
David cannot convey the property without Priya's signature, as both spouses must join in any deed conveying community real propertyWhy This Is the Correct Answer
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Key Terms:
community_property_with_right_of_survivorshipboth_spouses_signdeed_conveyancewashington_community_property
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