How Do I Sever a Joint Tenancy in Washington?
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Answer:
The answer will depend on the facts involved, such as whether the other tenant is willing to sever the tenancy. A voluntary agreement to transfer your interest to another party would sever the tenancy. A contract or agreement by only one joint tenant to convey property held in joint tenancy destroys the right of survivorship, terminates the joint tenancy and converts it into a tenancy in common. A deed could also be prepared converting the tenancy from joint tenants to tenants in common. Joint tenant can record a quitclaim deed from themselves as joint tenants to themselves as tenants in common. If the other tenant doesn’t consent, and you wish to still own the pproperty, the court may need to order the severance.
Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.
