[WSBARP] Ownership Rights and Contribution, Tenants in Common

[Nick Pleasants]

Hi Lynn,
I believe HE is correct under Cummings v. Anderson, 94 Wn.2d 135, 614 P.2d 1283 (1980). Rebuttable presumption it is 50/50 ownership, but mortgage payments could factor into that.
Possibly you could file a CIR instead, arguing it is quasi-community and should be split 50/50. But that would also take into account their respective earnings during the CIR period, as there is a potential for some offsetting to happen if SHE has the better earnings, 401(k) savings, etc.
Best,
Nick

Nicholas Pleasants | Shareholder



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Lynn Clare <lynnclare at clarelawfirm.com>
Sent: Wednesday, July 30, 2025 2:47 PM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ownership Rights and Contribution, Tenants in Common

All

I have an unmarried couple who bought a home together. Both on the title. Both on the Deed of Trust and the Promissory Note.   They hold title as "Unmarried People"

She moved out in January 2023 and stopped paying the mortgage in July 2023. He has dithered and delayed about buying her share ever since. We want to partition and sell the property (he keeps missing mortgage payments and she keeps getting the notices - we're pretty sure he doesn't have the ability to find or borrow enough to buy her share.)   He is adamant that she should not get credit for any appreciation in the equity since she stopped helping with the mortgage payments.

Is he right? And if you've briefed this exact issue, I would love to see your work.

Lynn Clare
Clare Law Firm
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