[WSBARP] JT tenancy

[Dwight Bickel]

A joint tenancy no longer exists, since either person can terminate the survivorship attribute of joint tenancy. A petition for partition alleges that the property is held as tenants in common and seeks a judicial severance, or typically a court-ordered sale and division of proceeds. The presumption starts that each owner owns an equal share, but the court will have discretion to hear evidence of contrary intent and equitably divide the proceeds. However, it is not a requirement that one owner owes reimbursement to the other, so often people who occupy exclusively will owe no rent to the other, and people who paid all the payments will not be given more than equal share.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Saturday, November 6, 2021 1:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] JT tenancy

If property is held as joint tenants w/r of survivorship can one joint tenant file partition action to sell the property and in that event how does the crt determine percentage of ownership interests of each jt tenant if one of them owned the property and created the jt tenancy and made all tax payments as well as improvements. Thanks for your input.

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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