[WSBARP] Gift of Real Property TiC with Later Regrets - Seeking to Refer

[David Faber]

Hello Real Property ListServ:

Some/many years ago an estate planning (C)lient of mine--before they were
my client--gifted partial title in a beach house here in Washington State
to a (F)riend, adding F as a Tenant-in-Common. C paid for the house and has
continued to maintain the house, paying all property taxes and expenses
associated with the house. C and F had a falling out some time ago (as in a
couple years back) but being classic non-lawyers they never addressed the
ongoing relationship inherent in co-owning real property. C now wants to
get F out of the arrangement and does not want to pay F, or at least does
not want to pay F much. My knowledge is stretched pretty thin pretty
quickly when it comes to issues like this; I know that C, as a TiC, can
force F to pay contribution for expenses of the house and C can rationally
deduct from the proceeds that F should receive for F's title any past
expenses that can be proven out, but my sense is that F owns half the
equity unless we have some kind of strong evidence to the contrary that I
do not imagine is forthcoming, and I believe that there's no argument that
would allow us to unwind the gift. I'm hoping I can refer C to another
lawyer who is much more knowledgeable than I to provide further guidance on
this, however, as there is almost certainly more that can be done than I
realize.

Beach house is in Mason County. C is here in Port Townsend. Ideally we
would find someone along the west side of the Salish Sea or perhaps in
Kitsap County, but C might not be picky. Self-referrals are perfectly fine.

Thank you folks!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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