How does joint tenancy with right of survivorship work in Washington?
In Washington, an interest created in favor of two or more people in their own right is an interest in common unless they acquired it in partnership, as executors or trustees, or by a written instrument that expressly declares the interest to be a joint tenancy. A joint tenancy carries survivorship as at common law, and each joint tenant may sever it alone. Interests in common, and joint tenancy interests, held in the names of both spouses or both domestic partners are presumed to be their community property; a joint tenancy interest still passes to the surviving spouse or domestic partner, and either of them may sever the joint tenancy. The words in the deed decide which kind of ownership was created, so read the deed itself. This is RCW 64.28.020, 64.28.010, 64.28.040.
| What | Washington |
|---|---|
| A deed to two or more people | Interest in common unless declared a joint tenancy |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
RCW 64.28.020, 64.28.010, 64.28.040
Read the statute in the Revised Code of Washington (Washington State Legislature): app.leg.wa.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
More Washington rules
- How long does a landlord have to return a security deposit in Washington?
- How many days does a tenant get to pay late rent in Washington?
- How much notice does a landlord have to give before entering in Washington?
- How much notice does a landlord have to give before raising the rent in Washington?
- Is there a grace period for paying rent in Washington?
- How much can a landlord charge for a rental application fee in Washington?
- Can a landlord change the locks to force a tenant out in Washington?
- Does a landlord need a reason to evict a tenant in Washington?
- How long does a tenant have to respond to an eviction case in Washington?
- What are squatters’ rights in Washington?
- What are the steps to evict a tenant for unpaid rent in Washington?
- Is there rent control in Washington?
- Can a landlord refuse a Section 8 voucher in Washington?
- Can a landlord retaliate against a tenant for complaining in Washington?
- Can a tenant repair and deduct from rent in Washington?
- What happens if a tenant breaks a lease in Washington?
- Do you need a general contractor license in Washington?
- Do you need a license to do electrical work in Washington?
- Do you need a license to work as a plumber in Washington?
- Can you use a transfer-on-death deed in Washington?
- What is the deadline to file a mechanic’s lien in Washington?
- Do contractors charge sales tax in Washington?
- Is a capital improvement exempt from sales tax in Washington?
- Is appliance repair taxable in Washington?
- Is contractor labor taxable in Washington?
- Every Washington rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii