[WSBARP] MSJ Possibility for Motion to Partition

[Lynn Clare]

Sorry - I have been in motion-mode for a couple weeks. 1. It is a
complaint.  2. I don't believe there is any legal basis to remove her from
title unilaterally - Defendant is pro se and making this up as he goes
along.

3. My question is, do I have a counter motion for sj  as to her interest or
selling the house - He is resisting mediation on the grounds that he
demands to have his day in court and does not think I can "force" him to
mediate the matter. On one hand, as he has repeatedly declined to buy out
her share, an order to sell feels like it *could* be ordered as a matter of
law. And I can make a fine case that the % of her share is a knowable
number at law based on their relative contributions and a recent appraisal.

I guess I'm wondering if I'm thinking about this correctly. My client would
love for this to be over without a trial and i would like to deliver that
for her if I could.

On Thu, Feb 12, 2026 at 11:04 AM Mike Zeno <mikez at zenolawfirm.com> wrote:

> Lynn, I’m not sure I understand the problem, but it’s probably because I
> don’t understand the facts.
>
>
>
> “*Motion *for partition”—is this a suit brought by your client for
> partition?  Or a motion in an unsuccessful suit to establish a CIR.
>
>
>
> How could there be any legal basis for removing her from title?
>
>
>
> Is the problem that she doesn’t want the property sold?
>
>
>
> Mike Zeno
>
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>
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>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Lynn Clare
> *Sent:* Thursday, February 12, 2026 10:03 AM
> *To:* WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] MSJ Possibility for Motion to Partition
>
>
>
> All
>
>
>
> Quick Facts: 3 year relationship. Couple buy house. She leaves. She pays
> for another year of the house expenses, but that was 2.5 years ago. NO CIR.
> She brings motion to partition. He refuses to cooperate with mediation. He
> has repeatedly claimed he cannot get enough cash to buy her out or
> refinance. He (pro se) has just brought a motion for summary judgment
> claiming basically that it's been long enough and the court should just
> REMOVE her from the title.
>
>
>
> It's clever.  Wrong, but clever. I'm not worried about my response to
> that, but do I have any possibility of a partial summary judgment in my
> client's favor?  Obviously as to "tenants in common" and also as to "she
> can partition" - but what about as to "her interest in the property
> expressed as a share %" or "this house will be sold."  ????
>
>
>
> Thoughts?
>
>
>
> Lynn Clare
>
> Clare Law Firm
>
>
>
>
>
>
>
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