[WSBAPT] Partition of Real Property

[Peter D. Haroldson]

Shortly before passing, decedent deeded real property, consisting of a single family home on a couple acres, to her six children as tenants in common.

A few of the children are living on the property, paying taxes and utilities but no rent to the non-occupying tenants.  No mortgage on property.  The occupying tenants are unwilling to move, allow the other tenants access, or sell the property by agreement, so we are likely looking at a partition action.

Adding a twist, some of the occupying tenants may be allowing others to reside in the home.

Questions:

  1.  If any of the list members have experience with such an action, could I have a few moments of your time to discuss?
  2.  Any recommendations for individuals to nominate as referees in a partition action?
  3.  What happens if an owner or occupant won't quit the premises?  Can one incorporate an ejectment cause of action in a partition to clear the property of occupants?  It would seem yes, on equitable relief grounds, as to the occupants with an ownership interest, but less certain about other occupants with no ownership interest.
  4.  If so, should non-ownership occupant(s) "John Does" be named in the partition/ejectment complaint?

Thank you,


Peter D. Haroldson
Torres & Haroldson, PLLC
PO BOX 530
Maple Valley, WA 98038
Email: peter at torresharoldson.com<mailto:peter at torresharoldson.com>
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