[WSBARP] Partition action with Joint Tenants

[Craig Gourley]

Listmates.    We have a client that wants to partition property.   The statute ( 7.52.10) says that persons entitled to bring an action are  persons in possession "... of real property as tenants in common..."    Black's dictionary defines partition to include joint tenants.  In our case the deed is to A and B as Joint tenants with right of survivorship and not as tenants in common.   Are we excluded from partition?   Does not seem like a JT should be prevented for partitioning but it does not match the statutory language.  No case law on point that we have found.  Anybody have to deal with this before??   Thanks, Craig

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>

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