[WSBARP] Tenant in Common Question

[Valentine, Gretchen (TRGC)]

Marcus -
Three things might suggest the intent of the grantor and/or the understanding of the three individuals:

  1.  Were two of the individuals the children of the grantor?  If so, that would suggest H&W own 50%.
  2.  How have the three individuals split the costs of ownership?
     *   Did the H&W pay 50% or 66.66%?
     *   Is the property encumbered with a mortgage or deed of trust?  If so, did the H&W pay 50% or 66.66% of the loan  payments?
Good luck with this one.
Gretchen

Gretchen Valentine
VP / Pacific NW Regional Underwriting Counsel
Title Resources Guaranty Company
11201 SE 8th Street, Suite 200
Bellevue, WA 98004
425-896-3836 (direct)
425-451-7301 (office)
206-962-7744 (cell)
Gretchen.Valentine at TitleResources.com<mailto:Gretchen.Valentine at TitleResources.com>


From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, September 11, 2017 12:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tenant in Common Question

Grantor is dead.  So basically we are starting at the presumption of equal ownership.  But I cannot find case law stating whether husband and wife are treated as one owner or two owners when there is a 3rd party joint owner with H&W.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, September 11, 2017 11:50 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Tenant in Common Question

What was the intent of the grantor?



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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<mailto:bryced at cdb-law.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, September 11, 2017 11:41 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>)
Subject: [WSBARP] Tenant in Common Question

Anyone aware of any case law here in the State of Washington or another community property state that addresses the situation of a deed that conveys to X and Y and husband and wife, and to Z, a single person, as tenants in common.  Case says there is presumption that the parties' ownership interest is equal.  My question is and what case law at least here in Washington hasn't decided, is X&Y treated as one unit or two units?  In other words, does X&Y own 50% or 66.7% of property deeded in the fashion above under the initial presumption.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
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