[WSBARP] WSBARP Digest, Vol 63, Issue 1

[Stephen Whitehouse]

Paul,      I agree with Mark but will add a few comments.       I have not done disso work in quite some time but I believe the cases use the term "equitable lien" that the other party may have. Since that interest would be determined in a dissolution action, the court has the power, after recognizing the lien, the court has the power to equitably divide the property. Also, keep in mind that the equitable lien will not be recognized on what he contributed, but on the extent to which it enhanced the value of the property. I think a court would disregard any labor which could be considered maintenance. In determining what to do, I think the court can take into account he got the benefit of living in her house.      I think if you search "equitable lien", a number of cases will come up. I should also indicate that my comments would not take into account more recent developments in this area if there are any. I do not keep up with those cases.
Steve 

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com


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Today's Topics:

  1. Re: CP Interest in Originally Separate Property (Mark)


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Message: 1
Date: Sun, 1 Dec 2019 07:26:56 -0800
From: Mark <markthiggins at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] CP Interest in Originally Separate Property
Message-ID:
    <CAEC4MTiFjDWkXJP-tQYvDkDL7Gt5vEQo=XG7CJdQWw4PR_bLQg at mail.gmail.com>
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Paul--some input from a non-lawyer paralegal, without cites.  I think this
is the analysis:
1.  The character of property is determined at acquisition--here, it is W's
separate property.  Thereafter, spending community funds or labor, or even
some of H's separate funds, does not convert the separate property into
part community property/part separate property.  It stays W's separate
property.  However, the community or H separately may have a claim against
W's separate property for the value of contributed money or labor.  This is
normally called, for example, a "community lien" against W's separate
property.
2.  There is another side to the analysis.  The H and W community has been
living in W's separate property, and should have been paying rent to W.
What is the value of the community living there?  How does that value
compare to funds or labor paid by the community on W's separate property?
Which way does the net obligation go?
Good luck!
Mark

On Wed, Nov 27, 2019 at 8:16 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Listmates (sorry for the double post):  I need those fancy litigator
> string of cases for the following situation:    Wife ("W") acquires
> residence prior to marriage.  After marriage, W's and H's paychecks are
> used to pay, fix, and improve residence and pay on a loan for the
> residence.  H spends hours on house and yard.  H pays for some payments out
> of his own disability checks from worker's comp.  Is there any possibility
> that H has acquired a community property interest in the residence?  I
> don't need to prove the actual percentage or dollar amount at this point,
> just the *possibility* of H acquiring a community property interest (or
> some kind in interest) in the residence.  Thanks.  (this is far-afield of
> my area and I don?t even have the proper books on where to find the answer.)
>
>
>
>
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-- 
Mark T. Higgins
P.O. Box 57
Darrington, WA 98241
206-491-2420
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