[WSBARP] MSJ Possibility for Motion to Partition

Thu Feb 12 11:23:31 PST 2026

Some things to think about if you proceed down the partition road:

            --You want to bypass the antique referee process and list with a realtor.

            --You probably don’t need an appraisal.  The fair market value of the property is whatever it sells for.

            --You want opposing party to cooperate in some fashion with the partition process—maybe let him choose the realtor—to set up a claim for attorney’s fees.  The law is sort of backwards on this, though the authority is a bit mixed:  if you force a partition over objection you do not get fees.

I would be happy to discuss.

Mike

The Law Office of G. Michael Zeno, Jr., P.S.
T:  (425) 947-8050   F:  (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction.  You should seek advice based on your particular circumstances from an independent tax advisor.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Thursday, February 12, 2026 11:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] MSJ Possibility for Motion to Partition

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<mailto: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

The Law Office of G. Michael Zeno, Jr., P.S.
T:  (425) 947-8050   F:  (425) 947-8052
135 Lake Street S., Suite 257
Kirkland, WA 98033

Confidential/Privileged Communication: This email and any attachments are confidential, privileged and intended only for the intended recipient(s).  Unauthorized disclosure, copying, distribution or use of this email is prohibited.  If you received this email in error, please notify me immediately so we can arrange for the message and documents to be returned and deleted. Thank you.
IRS Circular 230 Disclaimer: Any tax advice provided in this communication (including attachments) is not intended or written to be used, and it cannot be used, by the recipient or any other taxpayer (i) for the purpose of avoiding penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction.  You should seek advice based on your particular circumstances from an independent tax advisor.

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
Sent: Thursday, February 12, 2026 10:03 AM
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com<mailto: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

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20260212/dd21dcf3/attachment.html>