[WSBARP] Partition action

[Rick Hoss]

The central concept of equalization is owelty - the pecuniary compensation
decreed by the court to adjust inequality. Owelty is applied under the
court's equitable power.

McKnight v. Basilides, 19 Wn.2d 391 (1943).

Carson v. Willstadter, 65 Wn. App. 880 (1992).

RCW 7.52.440, Unequal partition - compensation adjudged

When it appears that partition cannot be made equal between the parties
according to their respective rights, without prejudice to the rights and
interests of some of them, the court may adjudge compensation to be made by
one party to another on account of the inequality of partition; but such
compensation shall not be required to be made to others by owners unknown,
nor by infants, unless in case of an infant it appear that he or she has
personal property sufficient for that purpose, and that his or her interest
will be promoted thereby.

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, December 22, 2017 9:44 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Partition action

 

Can someone please cite me a comprehensive decision dealing with determining
what the respective interests are of tenants in common in the property in a
partition action where it starts out equal interests especially as to issues
such as to what is the effect if one tenant in common pays the mortgage
payment taxes and insurance while living on the property and the other had
moved out of their own accord, no ouster. Thanks and Merry Christmas to all

 



 

 


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Bryce H. Dille | Attorney at Law


P: 253.848.3513| F: 253.845.4941

317 South Meridian

Puyallup, WA 98371

bryced at cdb-law.com

 <http://www.cdb-law.com/> www.cdb-law.com

	
			

 

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