[WSBARP] FW: Partition action

[John J. Sullivan, Esq.]

Jonathan:

 

Many years ago I had a partition action up in Whatcom County. A couple had
divorced about ten years earlier. They had already sold off the acreage of
their farm, retaining a five acre plot as I recall with the home on it. In
the dissolution it was quitclaimed out to them as TIC, subject to an
existing mortgage. The understanding was that they would sell it and the
wife would use her half of the proceeds to move into a condo in town. But
the now ex-husband just frustrated every effort to sell the house, even
though he no longer resided there. 

Finally, the ex-wife gave up and lived out the remainder of her life in the
house. She continued to make all mortgage payments, taxes, repairs, etc.
Then she died and her son asked me to handle the probate. Meanwhile the
father had quitclaimed his TIC interest to a troublesome daughter. It was a
mess. But the one thing I recall, and the argument may have been based on
the Cummings case, was that as the ex-wife made mortgage payments her
percentage interest went up and his went down. As I recall, we used a
proration. I think I still have the brief on my computer at work. I will try
to hunt it down tomorrow when I am in the office. 

 

John J. Sullivan

 

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

 

 <http://advantagelegalgroup.com/> 

12207 NE  8th Street

Bellevue, WA 98005

 

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create an attorney-client relationship.  



 

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

 

 <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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