[WSBARP] Partition action

[Roger Hawkes]

I received it and read it.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jonathan Smith
Sent: Tuesday, February 7, 2023 12:21 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] FW: Partition action

I sent this out yesterday, but did not receive any responses. Not sure if it went out or not? Can someone confirm that it went to the listserv?  Thanks.

Jonathan Smith
Attorney at Law
(425)452-9797 Tel
(425)440-7681 Fax

[Logo for email]<http://advantagelegalgroup.com/>
12207 NE  8th Street
Bellevue, WA 98005

This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally privileged.  This information is confidential and is intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Legal Advice Disclaimer: You should recognize that responses provided by this email means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion.  A formal opinion could reach a different result. This communication does not create an attorney-client relationship.
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From: Jonathan Smith
Sent: Monday, February 6, 2023 3:45 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Partition action

Greetings,

Some 20 years ago, I did my only other partition action. The files are gone. If I recall correctly, there was case law which guided distribution as between two tenant in common. If I recall, if one party was claiming proceeds from the sale were not to be divided 50/50, then the moving party could show that the division should be based upon their respective contributions.  So we added the earnest money to person who tendered that, then allocated mortgage payments (both parties occupied the residence so ouster was not an issue.) as well as money spent to improve the property. At any rate, based upon that method, one parties was deemed to own 65% and the other 35% (if I remember correctly.), but the important issue being how to determine percentage rights to the proceeds from he sale?

Can anyone provide some guidance and updated case history on diving up sales proceeds?  Thank you.

Jonathan Smith
Attorney at Law
(425)452-9797 Tel
(425)440-7681 Fax

[Logo for email]<http://advantagelegalgroup.com/>
12207 NE  8th Street
Bellevue, WA 98005

This E-mail is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521 and is legally privileged.  This information is confidential and is intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Legal Advice Disclaimer: You should recognize that responses provided by this email means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion.  A formal opinion could reach a different result. This communication does not create an attorney-client relationship.
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