[WSBARP] unmarried couple - property agreement?

Craig Blackmon craig at lawofficeofcraigblackmon.com
Tue May 12 15:13:50 PDT 2020


A good TIC Agreement addresses several important issues, far more than just
percentage ownership. See a simple outline attached.

CB
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
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Office/Cell: (206) 369-5949
On the blog: The Form 17, Explained
<https://seattlepropertylawyer.com/blog/seller-disclosure-statement-form-17-explained>
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On Tue, May 12, 2020 at 12:27 PM Kary Krismer <Krismer at comcast.net> wrote:

> What's the purpose of recording the co-tenancy agreement if there's a
> 50/50 ownership?  I've always thought the only purpose of recording is to
> impart notice on third parties, and with the presumption being a 50/50
> ownership I'm not seeing what's accomplished if there is equal ownership.
>
> Kary L. Krismer
> 206 723-2148
>
> On 5/12/2020 12:10 PM, Gregory L. Ursich wrote:
>
> I agree with everything Dwight said.  Always, always have a co-tenancy
> agreement and record it.  I have done several of those.  Also, depending on
> the relationship, the parties can also choose to take title as Joint
> Tenants with Rights of Survivorship, but you still prepare and record a
> co-tenancy agreement.  -Greg
>
>
>
> *Gregory L. Ursich *
>
> Shareholder
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> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *Dwight Bickel
> *Sent:* Tuesday, May 12, 2020 12:00 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] unmarried couple - property agreement?
>
>
>
>  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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