[WSBARP] unmarried couple - property agreement?

Tue May 12 15:10:04 PDT 2020

Yes. The right process can expose issues. Commonly, one will go to a lawyer,
thinking that everything is all settled, and planning to use just the one
lawyer. That lawyer has sense enough to insist on separate counsel. Separate
counsel then looks at the proposal and there is substantial disagreement. 

This makes the two face the really hard issues, with professional advice
about rights and responsibilities, and clarifying what they can agree to,
which is a good thing. 

The best contract is almost always the most complete, and fairest to both
sides. More buy-in and fewer disputes over time, producing more certainty
for both sides. 

Rob

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Law Office of Shaun Watchie Perry
Sent: Tuesday, May 12, 2020 2:56 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] unmarried couple - property agreement?

Yes- I always advise  that the other person gets seperate counsel. I never
do dual representation.in these matters. If the non represented party
chooses not to  seek legal counsel, I say so clearly in the agreement; that
I am representing party x only, and party y has had the opportunity to seek
independent legal counsel and has waived this.

Ms. Shaun Watchie Perry | Attorney at Law 
Law Office of Shaun Watchie Perry 
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101 
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com
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On 5/12/2020 11:52 AM, Rich Holland wrote:

Does anyone feel like they should technically refer out one of the parties
or at the very least advise the two of them of the potential conflict of
interest and have them sign off on the fact that the attorney is taking on
dual representation?

Thanks,

Rich Holland

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Michael Brandt
Sent: Tuesday, May 12, 2020 11:33 AM
To: WSBA Real Property Listserv  <mailto:wsbarp at lists.wsbarppt.com>
<wsbarp at lists.wsbarppt.com>
Cc: Sarah Amberg  <mailto:legal at brandtlawgroup.com>
<legal at brandtlawgroup.com>; Molly Mueller
<mailto:mmueller at brandtlawgroup.com> <mmueller at brandtlawgroup.com>
Subject: Re: [WSBARP] unmarried couple - property agreement?

Gerald:

We have prepared these agreements in the past.  It is just a matter of
laying out who is paying what, what the equity split is, and what happens if
either party chooses to sell or otherwise transfer their interest.  We would
be happy to help if you decide to refer it out.

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

206.441.5739

206.299.9115 (fax)

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From: wsbarp-bounces at lists.wsbarppt.com
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Gerald Sprute
Sent: Tuesday, May 12, 2020 11:13 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] unmarried couple - property agreement?

Hello All,

I was contacted by an unmarried couple who are buying a home together.  As
of today, all financial obligations concerning the residence will be shared
50/50.   They were asking about drawing up some sort of agreement in case
there's trouble between them in the future.  

Has anyone drawn up something like this before?  I'm looking for advice, or
a template to start from, or a referral so I can hand them off to someone
who's tackled this issue in the past.  

Thanks!

Jerry Sprute 

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
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