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

[Bryce Dille]

Although our office is in Olympia we have a substantial practice in Mason county and I have had considerable experience in unwinding these types of real estate relationships would be willing to speak with your client and give the options.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Monday, November 1, 2021 4:12 PM
To: wsbarp <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Gift of Real Property TiC with Later Regrets - Seeking to Refer

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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