Washington Law Review


H. E. Tully


Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal primarily with opinion, or evaluation of alternatives, rather than with authoritative conclusions. Moreover, even the most general treatment of a subject as broad as "joint tenancy in real property" is far beyond the permissible scope of this article and it must follow that the discussion will be limited to a few specific problems which would appear to be of general and basic interest.

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