[WSBARP] Ownership without title

Marcus Fry mfry at lyon-law.com
Mon Jul 10 17:11:01 PDT 2017


What about partnership?  The facts below reflect that the relationship is a partnership, and therefore, the non-named person would possess an equitable interest in the property as a partner.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Monday, July 10, 2017 4:59 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Ownership without title

Listmates,  I have an issue that you may have already encountered so I thought I would consult the learned members of this listserv.  This is shorthand for my client does not want to pay me for research and I find it an interesting question.

We are at the second stage of an appeal with a government agency.  The core issue has come down to if my client is an " owner " of the property we win, if not, we loose.  Client and a friend have a history of purchasing property together. Friend puts up the purchase money and takes title in her name. Client provides all the repair / remodel money and labor.  The parties have a joint bank account for this purpose but the funds are all my client's.  Friend considers him a full partner and co-owner but his name is not on the deed.  When the property is completed they either sell it or one cashes the other out and they rent it.  Government agency says if your name is not on the deed you are not an owner and therefore you are in big trouble.   I am looking for examples of " ownership" without being on a deed. I have considered nominee and constructive trust.  One other example that comes to mind is adverse possession where ownership passed by operation of law but the " owner" is not on any deed.   Anybody else been down this road?  Thank you in advance for your input.  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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