Selling property in Washington State by a couple that is not married and the building is in his name.

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Selling property in Washington State by a couple that is not married and the building is in his name.

My friend was left a house by my grandfather about 11 years ago. Her boyfriend (and father of their second child) convinced her to trade the house for a building and to put the building in his name, for tax purposes. Now, 11 years later, they are separating and selling the building and he plans on taking all the money. What can she do? She lives in Washington State and I don’t believe they acknowledged common law wife/husband status.

Asked on June 26, 2009 under Real Estate Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not a Washington attorney, but my research suggests that you are quite right about your state not recognizing common law marriage.

Your friend is in a difficult position, and she will need to act fairly quickly, before he gets the money and (possibly) disappears with it.  She needs a lawyer, and one place to find a qualified attorney is our website, http://attorneypages.com

It will help if she has (or can get copies) of the paperwork and banking records from 11 years ago.  One possibility that should be available would be to sue to have her interest in the property validated by the court, under a doctrine called "unjust enrichment," in which courts do what is necessary to prevent that in the interest of justice.  There may be other ways to address this as well, based on the unique facts of the case and Washington State law.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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