WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A Washington couple buys a home during their marriage using community earnings, but they take title 'as joint tenants with right of survivorship.' On one spouse's death, a dispute arises over whether the property was community property or a joint tenancy. What general principle helps resolve the characterization issue?

Title form is irrelevant and can never be considered Joint tenancy always defeats any community property characterization automatically The form of title is evidence of the spouses' intent, but the community-property presumption may still apply to property acquired with community funds during marriage Washington does not allow spouses to hold property in joint tenancy

Correct Answer:

The form of title is evidence of the spouses' intent, but the community-property presumption may still apply to property acquired with community funds during marriage

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