[WSBAPT] Q re First right of refusal

[Jennifer Sohn]

His theory is that the right was held by H&W together, not to any of the
individual. I don't want to go to court with his argument, and we are
seeking a second opinion, but I wanted to see if I am completely off
somehow.

On Fri, Feb 12, 2016 at 11:53 AM, Craig Gourley <craig at glgmail.com> wrote:

> 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 <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?
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>



-- 

Best regards,



Jennifer Y. Sohn

Attorney at Law

(Licensed in CA and WA)

Sohn Law PLLC

10900 NE 4th Street, Suite 1850

Bellevue, WA 98004

Tel: 206.617.7874

Fax: 425.732.9748

Email: jennifer at sohn-law.com

http://www.sohn-law.com



Confidential. This electronic mail transmission and any accompanying
documents contain information belonging to the sender which may be
confidential and legally privileged. This information is intended only for
the use of the individual or entity to whom this electronic mail
transmission was sent as indicated above. If you are not the intended
recipient, any disclosure, copying, distribution, or action taken in
reliance on the contents of the information contained in this transmission
is strictly prohibited. If you have received this transmission in error,
please delete the message. Thank you.



Circular 230 Disclaimer. Any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and may not be used, for the purpose of (i) avoiding penalties under
the internal revenue code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160212/b1b1bd67/attachment.html>