[WSBARP] Partition Action v. Committed Intimate Relationship proceeding

[Jeff at bellanddavispllc.com]

Thanks Eric,  this is one I think I will farm out!

 

Jeff

 

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Wednesday, April 10, 2024 11:02 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Partition Action v. Committed Intimate Relationship
proceeding

 

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

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com

 

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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, April 10, 2024 9:18 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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