[WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?

[John J. Sullivan]

The CIR doctrine applies to determine ownership in property by converting assets acquired during the CIR and growth in equity as "community-like." It doesn't make the two people personally responsible for each other as they are if married. 

So unless you are able to construct a marriage, the lien only attaches to the property determine to be his. 

If not married, the house is owned as TIC. IS IT 50/50? Did they pay down the mortgage equally? There's a case that adjusts post marriage interests based on percentage contribution to the mortgage payments. 

John J Sullivan

Sent from my iPhone

> On Jan 17, 2017, at 4:29 PM, Jill H. Sasser <jill.sasser at landerholm.com> wrote:
> 
> Are you sure they were not married?  Any wedding pictures, congratulations cards, individuals who remember going to the wedding ceremony?  Were they filing tax returns as a married couple?  Any evidence at all that they were married? 
>  
> I recall that there is a statute in RCW 26 where the court can determine that a marriage did exist.  I had to use this in a case where the couple was married, but couldn’t find a copy of their marriage certificate, and the county where they were married had a fire and about 20 years of records were lost.  Nothing had been stored digitally.  We filed a petition and attached all the evidence I could find (affidavit from family members, wedding picture, etc.).
>  
> Jill
>  
> 
> Jill H. Sasser | Attorney at Law
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Michael Atkins
> Sent: Tuesday, January 17, 2017 3:55 PM
> To: PROBATE -REAL PROP SECTION
> Subject: [WSBAPT] Finding a CIR- Meretricious Relationship for a decedent?
>  
> All:
> How does probate assign DSHS lien on real property for one party (H) of a 20+ year CIR ?  Parties are both deceased. They took out a marriage license years ago and they are listed on real property as H&W but no record of a marriage license being recorded.  
> So without marriage license being recorded, there were two probates opened and the PR for W does not want to share in lien for H health care. 
> Anyone know of a case dealing with this or like to take a shot at how the court might decide ?
> Thanks
> Mike
>  
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