[WSBAPT] Partition Question

Tue Apr 8 15:03:18 PDT 2014

Some years ago, I did a partition that went all the way to sale. A referee
was appointed to handle the appraisal, title issues, advertising and sale
at auction. The matter was taken completely out of the hands of the
parties, and, with one expense and then another, the parties realized
about 60% of fair market value. Review the statute carefully before you
proceed. If you have other options, consider those before you decide on a
partition.

Margaret
Margaret L. Koch 
Smith and Koch 
PO Box O 
Vashon, WA 98070 
206-463-9491 
206-463-3405 (fax) 
vashonlaw at aol.com 

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-----Original Message-----
From: Mike Winslow <mike at winslegal.com>
To: wsbapt <wsbapt at lists.wsbarppt.com>
Sent: Tue, Apr 8, 2014 1:42 pm
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
<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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