[WSBARP] Partition Action v. Committed Intimate Relationship proceeding

[Eric Nelsen]

Hi Jeff,

CIR likely would prevent a quick forced sale from partition, but just like partition it's still a proceeding to force equitable division of assets. For partition it's generally more like a business proposition, calculating amounts invested by each person to determine how to divide proceeds. For CIR it includes all assets that could be considered "community like" in that they were acquired during the relationship and would have been presumed to be community property had they been married. (If the CIR is proved to exist, anyway. That's a multifactor test on facts and circumstances.) But the remedy for CIR is equitable division of assets. If the house is the main asset, the outcome could be almost the same as in a partition. CIR just leaves more room to argue about non-monetary contributions toward the "nonmarital household" that might make more fair a division of proceeds that isn't strictly based on dollars contributed.

In either case, if one person's contribution is relatively small and there are sufficient other assets to pay, the court can award title to one party and a "judgment in owelty" to the other, and require the party receiving title to pay that amount to the other as compensation.

Feel free to call if you want to discuss. Lots of nuances to CIR.

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>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, April 10, 2024 9:18 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Partition Action v. Committed Intimate Relationship proceeding

Listmates:

This is a new one for me.  BF and GF bought a house together and financed it with a bank loan.  GF leaves and wants BF to buy her out.  Negotiations over an amount go nowhere.  GF threatens a partition action.  BF says he will start a CIR action which trumps a partition action.  Is this true?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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