[WSBARP] Tenant in Common Question

[Eric Nelsen]

I have done research on this before and never come up with satisfactory authority as to a presumption one way or the other. In a common law marital property state, I think the presumption probably would be equal thirds; but in a community property state it's not so clear to me. One can construct an argument pointing either way.

If you do find something, please post to the list.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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From: 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)
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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