[WSBARP] Ouster

[Eric Nelsen]

I think I am confused. Party A is still living in the TIC-owned house that has been sold to a third party? If the house is sold and both parties have executed a deed to the buyer, then the house isn't TIC property any more-it belongs to the buyer. Party A and Party B simply own the cash proceeds in proportion to their former interests in the TIC house.

Were the parties then continuing to live in the house after sale? I would expect the NCO to have a provision that says Party B's residence is at [address] and Party A is prohbited from coming within 500 feet of Party B's residence. But your facts indicate that even though Party B is the protected party, the Order forces them out of the house instead of the accused?

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 Jonathan Smith
Sent: Wednesday, February 15, 2023 3:07 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ouster

Party A and B own a single family residence as tenants in common. Property has been sold and now funds are to be disbursed. If party A is charged with Assault 4 DV, but party A continues to occupy a single family residence and party B is the is the protected party who as a result does not occupy the property, has party B been ousted?  The NCO remains in effect for the duration of a 18 month SOC, has party B been legally ousted from the property? If so, how so and if not why not? Thank you.

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

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