Sammamish, WA asked in Real Estate Law for Washington

Q: Question about: Deed of Trust versus Quit Claim Deed and Tenants in Common.

I owned a home for 16 years, after my divorce I had to refinance to get the ex off the loan. I had a mutual friend (boyfriend) that offered to co-sign on the loan. I had a Tenants in Common contract in place. And, we both signed a Deed of Trust and a Quit Claim Deed at closing. The business/relationship went sideways and he stopped paying on the mortgage 1 month after we signed the refinance. Per the Tenants in Common agreement, it shows his payout to be zero since he defaulted. However, he is disputing the Tenants in Common agreement. And he is claiming that since he is on the Deed of Trust, he is owed 50% of the equity. However, the Quit Claim Deed shows his ownership at 0.79% and my ownership at 99.21%. Both are filed and recorded with the state of Washington Dec 15, 2016.

If/when I sell, does the Quit Claim Deed protect me since it shows his ownership at 0.79%? Or, can he fight for 50% equity?

Related Topics:
1 Lawyer Answer
Brent Bowden
Brent Bowden
  • Lynnwood, WA
  • Licensed in Washington

A: It would be very hard to answer this question without knowing more about what his basis is for claiming he owns 50%. Regardless of the strength of his claim, he can certainly try to assert he is entitled to 50%.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.