[WSBARP] Ownership Rights and Contribution, Tenants in Common

Wed Jul 30 16:14:39 PDT 2025

It has been a while since I have had to deal with this BFWIW, I can share my recollection.  One caveat.  I believe the last time I dealt with it the fact pattern was unequal contributions to maintenance, repair and remodel, rather than unequal payments on the debt, but I believe the analysis would be the same.  My recollection is that they share in the current value, which includes appreciation, BUT the percentage of ownership is changed to match the unequal contributions OR the contribution in excess of 50% is treated as a loan which carries statutory interest.  I recall that I found support for both approaches.  I don't recall if it was all Washington law or whether I had to look out of state.

Good luck.  I will be interested to see if someone comes up with a definitive current answer.

Pat

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Nick Pleasants
Sent: Wednesday, July 30, 2025 3:59 PM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ownership Rights and Contribution, Tenants in Common

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

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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 Lynn Clare <lynnclare at clarelawfirm.com<mailto:lynnclare at clarelawfirm.com>>
Sent: Wednesday, July 30, 2025 2:47 PM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com<mailto: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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