[WSBAPT] Q re First right of refusal

[Craig Gourley]

You will need to read the terms of the document granting the right but on these bare facts,  I am not seeing how a transfer pursuant to a divorce decree voids the right.  What’s his theory?

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Friday, February 12, 2016 11:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Q re First right of refusal

I have a client who took title to 95% of a commercial property, as tenants in common, with H&W (the couple owned 5%). They signed a partnership agreement (which should have been called a tenancy in common agreement), which gave each other a first right of refusal. They've owned the property together for about 20 years.

During the 20 years, the 5% owner (H&W) got a divorce and H owns the entire 5%. The partnership agreement has not been modified.

My client is asserting that, after 5% guy's wife was taken off the title, the 5% guy's first right of refusal got nullified. I think he still can assert the right.

Any thoughts?
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