[WSBARP] Partition action with Joint Tenants

[Eric Nelsen]

Craig:

JTWROS is not excluded from partition; the act of filing a partition action might even be an act that severs the joint tenancy. (I assume the clients do not have a covenant in which they have agreed not to partition the property.)

If you don't want to rely on that, have your client "A" execute and record a quit claim deed: "A, for no consideration and to sever all rights of survivorship between co-owners, conveys and quitclaims to A, as his sole and separate property as a tenant in common without right of survivorship to any other tenant in common, the following-described real property etc." That kills the survivorship right, and your client is a tenant in common and can proceed.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

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>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160120/18e9261d/attachment.html>