Under Washington law, which of the following is NOT a characteristic of community property with right of survivorship (CPWROS)?
Correct Answer
A) Either spouse may unilaterally sever the survivorship feature by conveying their interest to a third party without the other spouse's consent
Under Washington law, a spouse cannot unilaterally sever the survivorship feature of CPWROS by conveying their interest to a third party without the other spouse's consent. Because CPWROS is a form of community property, both spouses must join in any conveyance of community real property under RCW 26.16.030. This distinguishes CPWROS from joint tenancy, where one joint tenant CAN unilaterally sever the joint tenancy by conveying their interest, thereby destroying the right of survivorship. The inability to unilaterally sever is a characteristic of community property rules, making option C the feature that does NOT apply.
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