[WSBARP] Partition action with Joint Tenants

[Jeff Helsdon]

See:  RCW 64.28.010 (“A joint tenancy shall have the incidents of survivorship and severability as at common law, including the unilateral right of each tenant to sever the joint tenancy”) and Estate of Phillips v. Nyhus (1994) 124 Wash.2d 80, 874 P.2d 154<https://a.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=1994126156&pubNum=0000661&originatingDoc=N9510BE9030FB11DDB28FD93592FAA7A7&refType=RP&originationContext=notesOfDecisions&contextData=%28sc.Search%29&transitionType=NotesOfDecisionItem> (Contract or agreement by only one joint tenant to convey property held in joint tenancy destroys right of survivorship, terminates joint tenancy and converts it into tenancy in common).  

Cordially,

Jeffrey Paul Helsdon
Oldfield & Helsdon, PLLC
(253) 564-9500 (Main)
(253) 414-3525 (Direct)
(253) 677-1031 (Cell)
(253) 414-3500 (Facsimile)
www.tacomalawfirm.com<blocked::http://www.tacomalawfirm.com/>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Wednesday, January 20, 2016 2:51 PM
To: wsbarp at lists.wsbarppt.com
Cc: Tom Hause
Subject: [WSBARP] Partition action with Joint Tenants

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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