[WSBARP] unmarried couple - property agreement?

[Dwight Bickel]

 I wouldn't buy real property with anyone without a co-tenancy agreement recorded. No matter what is stated with respect to each other's expectations, there should be a portion of the agreement that is recorded to disclose limitations upon common law tenancy in common rights and obligations, so it is binding upon potential successors in title without actual notice of the agreement. Most important to limit the rights of one co-tenant in the event of a lien, or acquisition of title, by creditors of that co-tenant. I don't think the law would support a prohibition against liens, like you cannot contractually limit bankruptcy rights, but you can include a waiver of a right of partition and include mandatory obligations to sell to the other.

Dwight A. Bickel
Washington Title Professional
dwightbickel at hotmail.com
www.linkedin.com/in/dwightbickel
http:/www.titleadvisor.com
206-484-1976


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