[WSBAPT] Partition Question

Tue Apr 8 14:43:52 PDT 2014

Actually, both Tenants in Common have equal rights of possession, absent
any agreement to the contrary. As such, neither owner has the right to
rent payment from the other for their occupancy.
Accounting for rents received from a third party is a different issue.

Tenancy in Common is a problematic form of ownership because the law
defines few of the rights between owners. Thus a T in C Agreement is
recommended. The status of T in C law also makes it unwise for heirs to
take distributions of property received from an estate in co-ownership
with other heirs unless an agreement is reached that governs Death,
Disability, Divorce or Disputes (yes, I call it the Four Ds). Same applies
to taking under an LLC, as the LLC statute offers no remedies for the Four
Ds, absent a clear agreement.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of ROBERT MILLSAP
Sent: Tuesday, April 08, 2014 2:28 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Partition Question

Wow.  There should be an easy fair procedure to get this dispute before a
court and I am surprised that there may not be one.

Since rent between Tenants in Common is an issue, isn’t there an action
for an accounting and payment of rents?  

How about the Declaratory Judgment Act (RCW 7.24).  Might that offer some
relief to declare what rights you have under the dissolution decree.

A partition action can really be a lose lose but right now only your
client seems to be losing.  Might be good for leverage.

ROBERT MILLSAP
MILLSAP LAW FIRM, P.S.
7016 35TH AVE NE
SEATTLE, WA 98115
206-583-2740

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, April 8, 2014 1:41 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Partition Question

In addition to Eric’s comments, keep in mind that Partition is rarely a
good solution to resolving problems between Tenants in Common or other
joint ownerships. The sale is essentially a fire sale, by auction, not an
arm’s length negotiated conventional sale. So there is no listing with a
Realtor to obtain Fair Market Value. The only way to protect oneself in a
partition is to have sufficient funds to outbid the other owner at the
auction (assuming partition by sale, not physical partition; eg.
Subdivision). Modification of the Decree and settlement agreement would by
preferable in the majority of situations (not having reviewed the
Settlement Agreement for specifics).

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of
amanda_wilson at olypenlawoffices.com
Sent: Tuesday, April 08, 2014 11:55 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Partition Question

This question deals with a Property issue and Family Law.... If anyone can
help it would be appreciated.

Marriage ends in a dissolution.  Dissolution Decree is entered in 2007.  A
Settlement of Property agreement is part of the Decree.  The purpose of
the agreement is to expedite a timely sale of a family home.  However, the
wife who is responsible for the sale has not sold the property.  The
agreement does not give a time frame for when the property is to be sold,
other than to expedite a timely sale.  There are two rentals on the
property.  Income from one of the rentals is in question.  In the
agreement Wife was to live on the property and live in one of the houses
to prepare property for sale and has since moved and is renting out that
house.  My client now wants property sold ASAP, to be in charge of selling
house and wants income from rental.  Is a partition for sale complaint the
proper cause of action?

Amanda M. Wilson, esq.
Olympic Peninsula Law Offices, LLC
219 W Patison St.
Port Hadlock, WA 98339

(360)437-4172 office
(206)331-7851 cell phone
"I've learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel." ~ Maya
Angelou
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