64.28.040 - Character of joint tenancy interests held by both spouses or both domestic partners.

Character of joint tenancy interests held by both spouses or both domestic partners.

(1) Joint tenancy interests held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property, the same as other property held in the name of both spouses or both domestic partners. Any such interest passes to the survivor of the spouse or survivor of the domestic partner as provided for property held in joint tenancy, but in all other respects the interest is treated as community property.

     (2) Either person in a marriage or either person in a state registered domestic partnership, or both, may sever a joint tenancy. When a joint tenancy is severed, the property, or proceeds of the property, shall be presumed to be their community property, whether it is held in the name of either spouse, or both, or in the name of either domestic partner, or both.

     (3) This section applies as of January 1, 1985, to all existing or subsequently created joint tenancies.

[2008 c 6 § 628; 1993 c 19 § 2; 1985 c 10 § 2. Prior: 1984 c 149 § 174.]

Notes: Part headings not law--Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.

Purpose -- 1985 c 10: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [1985 c 10 § 1.]

Severability -- 1985 c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 10 § 3.]

Short title -- Application -- 1985 c 30: See RCW 11.02.900 and 11.02.901.

Severability -- Effective dates -- 1984 c 149: See notes following RCW 11.02.005.