[WSBAPT] Alternatives to Partition of Real Property in Estates

Fri Jul 19 08:16:35 PDT 2019

I have handled probates similar to the one you describe and each one is handled differently depending on the actual family and circumstances.  You have a few options:

  1.  File a TEDRA action and deal with it by mediation, arbitration or trial.
  2.  File a Petition for order establishing rent, authorizing and approving sale of real property...  I did this and it worked really well - the Court actually ordered back rent from date of death and was extremely hard on the heirs who were living in the home rent free.  The court set rent and if it was not paid by a certain date, the heirs were told to move out in the order.

Call me if you want to talk it out.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Peter D. Haroldson
Sent: Thursday, July 18, 2019 12:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Partition of Real Property

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>
Facebook: fb.me/torresharoldson<https://fb.me/torresharoldson>
Phone: 425.458.3170

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