[WSBARP] Equitable Title as Defense to Eviction

Fri Oct 8 15:43:42 PDT 2021

Thanks to all who respond on- and off-line.  Very helpful. Now I can get a toehold into the cases.

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From: realprop at googlegroups.com <realprop at googlegroups.com> On Behalf Of Eric Nelsen
Sent: Tuesday, October 5, 2021 4:22 PM
To: Paul Neumiller <pneumiller at hotmail.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
Subject: [REALPROP] RE: Equitable Title as Defense to Eviction

I think your basis is contract-Mom and Family agreed to purchase the house together, with her serving as nominee for title and financing purposes because Family can't get a loan. Even if not provable as a contract, equity could still save it. The remedy is constructive trust or resulting trust, which might be the key words you are looking for.

You might start with Rice v. Kumbera, No. 61031-7-I (Wn.App. Oct. 6, 2008) (unpublished), and cases it cites-Thor v. McDearmid, 63 Wn. App. 193, 817 P.2d 1380 (1991) is an often-cited one.

The issue also comes up a lot in the old meretricious relationship cases, so you see a lot of unmarried couples litigating on this type of claim before Lindsey overruled Creasman v. Boyle in 1984. But the rules apply to any situation where two parties pool funds to purchase a house but only one of them is on title.

To defeat UD, it might be enough to simply argue that Family has an equitable ownership interest. "Unlawful detainer actions offer a plaintiff the advantage of speedy relief, but do not provide a forum for litigating claims to title." Puget Sound Investment Group, Inc., v. Bridges, 92 Wn.App. 523, 526, 963 P.2d 944 (1998). Unlawful detainer simply is not applicable in a dispute between co-owners. Where title is disputed, the proper action is for ejectment and quiet title under Ch. 7.28 RCW. Puget Sound Investment Group, 92 Wn.App. at 527. The unlawful detainer action, because of its limited nature, may not be converted into the broader ejectment action; a new action must be started. Id. at 525-526 (dicta).

That said, I think it's safest to actually file the lawsuit regarding ownership and use that as the basis for the UD defense. It's a lot easier to show it as a legitimate defense if there is another pending action to determine title.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: realprop at googlegroups.com<mailto:realprop at googlegroups.com> <realprop at googlegroups.com<mailto:realprop at googlegroups.com>> On Behalf Of Paul Neumiller
Sent: Tuesday, October 5, 2021 3:47 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; Listserve RealProp (realprop at googlegroups.com<mailto:realprop at googlegroups.com>) <realprop at googlegroups.com<mailto:realprop at googlegroups.com>>
Subject: [REALPROP] Equitable Title as Defense to Eviction

Listmates. Family has bankruptcy so can't get loan to buy house.  So Mom pays down payment and takes title to residence.  Mom in one bedroom and family in rest of house.  Family has paid all mortgage payments and spent money in fixing, repairing, and improving the residence.  Mom now is trying to evict family based on sharing a portion of the residence under new RCW 59.18.650.  I have been spinning my wheels in research regarding defending against a UD action with claims of an equitable interest in the residence.  Is there a seminal case on the establishment of equitable interest in a residence based on expenditures by the parties.

[Paul A_ Neumiller]

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