[WSBARP] Messy RE fact pattern ... input, please!

[Eric Nelsen]

I think there are probably a lot of other facts that might have an impact on how this plays out, but for what it’s worth, I think there needs to be a decision at the outset on whether to frame the matter as breakup of a committed intimate relationship (CIR) or as a partition. The contract I think would be layered over that, influencing what relief could be granted under either theory. Under CIR, would need to evaluate whether a CIR even existed; sounds like maybe they were together for maybe two years, and cohabited for even less time? Also the existence of the contract implies that they were not pooling resources in a CIR manner, but rather making a businesslike contractual agreement, which favors partition as a vehicle for the case.

I assume the contract does not contain provisions restricting the right of partition, or otherwise dictating how and when the property could be sold?

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: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Lee
Sent: Friday, May 27, 2022 1:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Messy RE fact pattern ... input, please!

Listserv,

Client was an unmarried male in a relationship with an unmarried female when they bought a house together (single family residence, in city limits). They executed a real estate contract  together regarding the house. If the relationship broke up in the first two years, the female party would pay X amount of equity accrued during the applicable two year period to the male, as part of the pay out for them to either acquire separate residences or her to preserve the residence, as her family provided the bulk of the money to purchase said residence. It would be pretty difficult to dispute the contract's existence in litigation - formalities were followed.

 Sure enough, they broke up and now it's a VERY messy break up. I am trying to negotiate a truce between the parties. However, that's increasingly likely not happening.

I recommend a partition action brought by my client and pursue remedies alloted by the contract (difficult in and of itself to dispute). Both clients have ample resources and it's hard to negotiate a truce, so to speak.

I really would appreciate our braintrust's comments on this matter...

--

TOM LEE

Attorney

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