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How Take Title When Buying a Home in Washington State

How to Take Title When Buying a Home in Washington State (Top 5 Ways to Take Title)

When purchasing a home, one key decision you’ll make is how to take title to the property. Title refers to the legal ownership of the home—how that ownership is recorded and how rights to the property are shared. This decision impacts ownership rights, taxes, inheritance, and the sale or transfer of the property in the future. Understanding your options is essential to avoid unintended consequences.

Why Taking Title Matters

When you take title to a property, you establish who legally owns it, how the ownership is divided (if shared), and what happens if one owner passes away. Washington’s community property laws, inheritance rules, and tax codes can affect what’s best for you, depending on your personal situation. Your marital status also plays a significant role in determining the most appropriate way to take title.


Taking Title: Married vs. Unmarried Buyers

  1. If You Are Married
    Washington is a community property state, meaning that assets acquired during marriage generally belong equally to both spouses unless otherwise specified. This is important because taking title as a married couple can influence who controls the property and what happens to it if one spouse dies. Here are some common ways married couples take title:

    • Community Property with Right of Survivorship: Both spouses own the property equally, and if one spouse passes, ownership automatically transfers to the surviving spouse. This simplifies the inheritance process and avoids probate.
    • Community Property (without Survivorship): Both spouses share ownership, but each has the right to transfer their share through a will. If no will exists, the deceased spouse’s share may go through probate.
  2. If You Are Unmarried
    Unmarried buyers have more flexibility in how they take title, and the options vary depending on whether you are buying the property alone or with others. For couples not married but purchasing together, the way you take title defines your ownership rights and what happens if one partner dies or wants to sell their share. In these situations, it may make sense to have a co-ownership agreement worked out ahead of time (read more about co-ownership agreements here).

Options for Taking Title

Here are the most common ways to take title to real estate in Washington:

1. Sole Ownership

  • If you are buying the property alone, sole ownership gives you complete control over the home. Upon your passing, the property is distributed according to your will or, if no will exists, through probate.

2. Joint Tenancy with Right of Survivorship (JTWROS)

  • In joint tenancy, two or more people share equal ownership of the property. If one owner dies, their share automatically transfers to the surviving owner(s). This method avoids probate, making it a popular choice for unmarried couples and co-buyers.

3. Tenancy in Common

  • Tenancy in common allows two or more buyers to own a percentage of the property, which doesn’t need to be equal. Each owner can sell or will their share independently. If one owner passes, their share does not automatically transfer to the other owners—it goes to their heirs or through probate.

4. Community Property (for Married Couples)

  • This form of ownership assumes equal ownership of the property acquired during marriage. If no right of survivorship is included, the deceased spouse’s share will be distributed based on their will or probate.

5. Community Property with Right of Survivorship

  • This option is unique to married couples in community property states like Washington. It provides equal ownership while ensuring that the surviving spouse automatically inherits the deceased spouse’s share, avoiding probate.

Plan Ahead: Talk with Your Partner and Advisors

Choosing how to take title is a critical step when purchasing a home, especially in a state like Washington, where marital status and ownership rules impact long-term planning. Be sure to discuss your options with your partner, real estate agent, and legal or financial advisors to ensure your choice aligns with your goals.

If you have questions or want personalized advice, reach out to us today—we’d be happy to help you navigate the home-buying process!

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Ryan Palardy