[WSBARP] WSBARP Digest, Vol 63, Issue 1

[Kristen Anderson]

The community's interest is often referred to as an equitable lien.  I have never had any pushback from opposing counsel when arguing that the community has received "fair rental value" by paying on the mortgage on wife's separate property.  The only caveat to this would be if the mortgage payments vastly exceeded the fair rental value, given the nature of the property and the rental market.  Also, any equitable lien against wife's separate property would be limited to the amount of payments against the principal, so that would most often be very limited, especially since H would only be entitled to his one-half of the community share of the equitable lien.
Kristen

On 12/1/19, 12:03 PM, "wsbarp-bounces at lists.wsbarppt.com on behalf of wsbarp-request at lists.wsbarppt.com" <wsbarp-bounces at lists.wsbarppt.com on behalf of wsbarp-request at lists.wsbarppt.com> wrote:

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    Today's Topics:
    
       1. Re: CP Interest in Originally Separate Property (Mark)
    
    
    ----------------------------------------------------------------------
    
    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>
    Content-Type: text/plain; charset="utf-8"
    
    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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