[WSBARP] Ownership without title

[Kary Krismer]

I’ve not researched this at all, but I think RCW 25.05.065 was amended in 1998 to make it more restrictive for the property to be partnership property if not either in the name of all the partners or naming the partnership.  If this property was owned prior to 1998, I’d look at the prior statute, and if not, be careful about using any cases prior to the change.

>From memory, before all the statute required was that the property be in the name of one or more of the partners.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

From: Marcus Fry
Sent: Monday, July 10, 2017 5:11 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Ownership without title

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 

NOTICES:
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170710/14e6e7ec/attachment.html>