[WSBARP] Ejectment? Partition?

[Julie Nichols]

Thanks everyone for the emails and calls.  Appreciate the feedback and agree
100% that keeping out of 59.18 is priority #1.

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Gwendolyn Cornwell
Sent: Thursday, June 8, 2023 1:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment? Partition?

 

It may also be a good idea to make sure the original notice meets the
requirements of both eviction and ejectment notices.  Sometimes defendants
try to show that the wrong type of complaint was filed.  If both notice
requirements were met, you can request that the court convert the complaint
type to whichever they are claiming.  If, of course, that is the best path
forward given the specific circumstances.

 

Gwendolyn Cornwell

Attorney

GOURLEY LAW GROUP

THE EXCHANGE CONNECTION

SNOHOMISH ESCROW 

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092 

 

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Jennifer L White
Sent: Thursday, June 8, 2023 1:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment? Partition?

 

Julie,

I have an estate right now that we have struggled through this errant
relative situation with and it has been a big time and $$$ drain for the
estate. 

I wouldn't worry about partition, but unless you do LL/T, my advice is for
the estate to hire an attorney well versed in this area of the law to handle
this part of the process. There have been so many changes in the law in the
last couple of years that it is very complex and difficult to successfully
navigate.  One small mis-step and you get to start all over again. 

Tips: Involve the LL/T attorney even at the "reasonable notice" stage to get
it right. If foreclosure is a possibility because the mortgage isn't able to
be paid, I would suggest that the PR contacts the lender and explains what
is happening. Hopefully they will give you some grace and time to get the
occupants out. In my recent case they did because I think they didn't want
to have to deal with it. Don't delay on getting something filed in court
because the court calendars (at least in King Co) are a place where hearings
get delayed time after time after time - we experienced at least a month in
between each delay...and the best part - be prepared - they will get their
'free' attorney to fight you! 

 

Good Luck! 

 

Jennifer L. White, Esq.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

2200 S 76th Ave

Yakima, WA 98903

509.225.9813

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Julie Nichols
Sent: Thursday, June 8, 2023 12:50 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Ejectment? Partition?

 

Good afternoon,

Client is PR of estate; heirs are PR & her two siblings according to will.
Only asset of estate is family home where Client's two brothers have been
living for free for some time.

Probate is open and Client PR has non-intervention powers.

Client wants to get brothers out and home on market before it goes into
foreclosure.

Our plan is (I think) to provide reasonable notice to leave the property
then file an ejectment action, however, the question has come up about
whether it might be subject to the partition statute?  Maybe this is just a
potential affirmative defense?

Any thoughts would be appreciated.  These scenarios seem to be coming up
more and more.

 

Julie Nichols

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave, Suite 300 (physical only-no mail)

Shelton, WA  98584

360.426.5885

 

 

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