[WSBARP] Missing Tenant in Common

[Eric Nelsen]

I don't think you'll be able to sell, unless the Estate can find a buyer for its half-interest only. The probate has no jurisdiction over the share owned by the missing ex-GF, so a court order from the probate won't help.

Maybe it's worth analyzing to determine how much the decedent actually owns vs. ex-GF. If purchased as TIC then their interests are presumed equal, but if there is any evidence showing differential contribution of funds toward the down payment and any financing payments, maybe the Estate owns more or less than 50%. Also any possibility of adverse possession/ouster against the ex-GF?

The Estate could sue the ex-GF in partition, serve by publication of summons, get a default and request right to sell by listing (rather than the statutory sale on the courthouse steps) and right to deposit GF's share of net proceeds into the court registry.

Alternatively, maybe put the entire property into receivership to get it sold. But I think I prefer partition, since that keeps the Estate in control of the process, rather than ceding control to a receiver.

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 30, 2025 8:46 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Missing Tenant in Common

Decedent purchased real property with who is now an ex-GF as tenants in common.  The Estate would like to sell the property to disbursed decedent's ½ interest.  GF cannot be located. Does the estate simply get a court order authorizing the sale and once closed start an interpleader action for  GF's share?  Never had this happen before.

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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