[WSBARP] Amending Dec Uniting two Units

[Eric Nelsen]

If they are state registered domestic partners under Ch. 26.60 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=26.60&full=true>, then they can hold as community property. Otherwise no. If they are unmarried and just "domestic partners" in the colloquial sense rather than state-registered, then they cannot create community property. All they can do is, if they break up, have certain property determined to be "community-like" by analogy to marital law, and divided between them in an equitable manner. But "community-like" is not a legal status for holding property.

I think, if the two units are merged without also uniting ownership, they would be in a world of complication. It's a very rare circumstance, but they would be holding the merged unit "in severalty" which is not the same as tenants in common. I've only encountered it once before, resulting from a botched deed of trust where the bank foreclosed on two-thirds of a parcel, leaving the prior owner with ownership of the other third. Partition is not available, all the tenant-in-common rules don't apply, there's no method for dividing or allocating costs to maintain the whole...it's a legal mess.

If they did this and then broke up or one of them died, they probably would have to re-divide the units in order to achieve separation.

I think you are almost certainly right. If they want to merge the units into a single condo unit, then the simplest thing would be for them to hold undivided interests in the whole of it, and have a tenant-in-common agreement defining their relative portions of obligations etc.

With the right additional facts I might be persuaded otherwise I suppose. For example, if both units were bought during the relationship using funds earned during the relationship, then both units would probably be considered "community-like" in the event of a breakup, so the court would be able to figure something out. But the court might just order sale of the merged unit in order to disentangle the interests. Even then it would be better, I think, for them to convert the whole to TIC, since under this scenario they are already sharing all expenses for the whole anyway.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Thursday, January 23, 2020 2:17 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Amending Dec Uniting two Units


Don't (can't) domestic partnerships hold property as community property?  If so, couldn't you do a deed for each property putting it in both of their names as CP and avoid paying excise tax?  Since the properties are being combined owning as CP might be a good idea for other reasons.

Kary L. Krismer

John L. Scott, Inc.

206 723-2148
On 1/23/2020 8:03 AM, nestor at pplsweb.com<mailto:nestor at pplsweb.com> wrote:
PC wants me to prepare and amendment to the Declaration of Condominium (with consent of Association) uniting two units. Problem that I see is that One unit owed by PC and other unit owned by Girlfriend. I advised PC that both units must be in both names together. PC insists that they are in a domestic partnership.

Am I missing something?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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