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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Washington on
Q: Will I need to pay them out or worry about them taking my house?

I bought a house while married but its only under my name. My spouse signed a quit claim deed during the purchase. If we divorce, do I need to worry about losing the house?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Sep 9, 2021

You should consult with an attorney who can advise you on the complexities of community/separate property and your options when it comes to protecting your interest in the house.

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Washington on
Q: If your neighbor logs on your land, do you sue the land owner or the logger, and which law backs that up?

Our neighbor is suing us for cutting down trees on "his" land, which is actually our land. (He is also suing us for a 30 x 330 ft portion of our land by claiming squatters rights as well as emotional damage etc. Its a disaster.) But I thought that if someone cut down trees on your land... Read more »

David C. Smith
David C. Smith answered on Sep 7, 2021

Generally, both the land owner and the logger can be held liable under the described circumstances. The issue, however is complex in your case because there is a dispute with your neighbor regarding who is claiming ownership of the property where the trees are located. But, to answer your... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Washington on
Q: Do I have legal ground to request land in Winston County Mississippi to be passed on to me as a rightful heir?

Thousands of acres of land in Winston County Mississippi have been divided up between several of my uncles, yet they purposefully excluded my father from his Inheritance. My uncle illegally owns several acres of my fathers land in Winston Mississippi. My father is going to die soon and that land... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title,... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Washington on
Q: A major issue is not disclosed to a home buyer by seller at time of purchase, how to recover costs?
Tim Akpinar
Tim Akpinar answered on Sep 28, 2020

A Washington attorney could best advise, but your question remains open for four weeks. Although your question is straightforward and concise, these matters are not always simple. They could sometimes hinge on whether there was a defect, were representations of any kind made, inspections,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Washington on
Q: How can I ask the court to stop a real estate deal that my business partner is doing from happening?

My business partner and I were to buy a real estate property in seattle. we have a detailed contract between us. However, he has formed a team with 3 other people and is now buying that property. I would like to send a letter to the bank, my partner and the seller that my partner is violating the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 17, 2020

You need to speak with a local attorney that can analyze your situation and provide you with legal advice. When you meet with an attorney, you would need to have with you all documents executed between you and your partner. Did you form a partnership? a limited liability company? a joint venture?... Read more »

1 Answer | Asked in Bankruptcy, Real Estate Law and Civil Litigation for Washington on
Q: What kind of lawyer deals with a Timeshare Bankruptcy resulting in a lawsuit. Real Estate? Litigation?
Timothy Denison
Timothy Denison answered on May 6, 2020

Yes. Real Estate or Timeshare Purchase Companies.

1 Answer | Asked in Real Estate Law for Washington on
Q: I am purchasing my mom's house for 120k it is worth probably 310k. Will I get hit with a huge tax issue next year?

The house is in Washington state.

Vincent Gallo
Vincent Gallo answered on Mar 30, 2020

Possibly only when you sell due to the law cost basis.

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: I live in Washington State, my husband and I amicably divorced. Do we need to change the title on our house?

Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 29, 2020

You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to...
Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Environmental for Washington on
Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 8, 2020

This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Antitrust for Washington on
Q: BC resident settled case from July 2015.Attorney held about $5000 in trust & has passed away.need help to recover funds

I am a BC resident involved in a MVA in July of 2015. Claim has been settled. However, my attorney held about $5000 in trust in order to pay back my insurance company. Before he was able to pay back, my attorney has died, and attorney who took over his files claims he has no idea about the deceased... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 5, 2020

It could be difficult to track down if the attorney did not make a notation of it in the checkbook for the trust fund account that the incoming attorney could identify. And it looks like the incoming attorney doesn't have information on it. Maybe the bank could assist you if they have any... Read more »

1 Answer | Asked in Real Estate Law for Washington on
Q: My son and daughter own a piece of property in Wa. State, 50% each. My daughter signed her 50% over to me with a quite

claim deed, notarized, but has not been recorded. Is it a legal document ? Which one of us own the 50% ?

Steven Willock
Steven Willock answered on Oct 15, 2019

Assuming the quit claim deed conveying your daughter's 50% interest to you complies with the statutory requirements for a quit claim deed under Washington law, the deed would be a legal document enforceable against your daughter even if it has not been recorded. A deed does not need to be... Read more »

1 Answer | Asked in Contracts, Probate, Estate Planning and Real Estate Law for Washington on
Q: My Fathers wife promised me and my Father, that she'd give his kids half of the money from the sale of the house.

I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 10, 2019

You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.

1 Answer | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Washington on
Q: How could misapplied mortgage payments found after an agreed tpp be rectified on borrowers behalf?

I found a payment that was applied to principal curtailment that in turn caused late fees and missed payments. Other fees down the road could the error change the outcome of where i am now?

Timothy Denison
Timothy Denison answered on Jul 18, 2019

Yes. Dispute it on your credit report and with the lender. You should get on this ASAP bc it can materially affect your credit rating.

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: My brother and I own rental houses jointly in our home states, Washington and California. We've decided to split up.

I'll take the houses in my state and he'll take the one in his. I'll pay him the difference to equalize the values. Can we just sign quit claim deeds and are there any tax consequences? The houses have all been appraised and we agree on these terms.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

If either of you enters into this planned transaction without benefit any lawyer's advice, IMPO one or both of you will probably not like the result.

1 Answer | Asked in Contracts, Real Estate Law and Collections for Washington on
Q: ray klein, Inc has a judgement against me for over 20000.00. its been since 2003? first ive heard. did a name search

haah thanks to a wonderful lawyer on here, I found out it was on me. Same name different person

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

Maybe it is because I am a lawyer, but I do not think it that unusual for a very large credit services corporation in business since 1970 to have "had 44 lawsuits in the last 10 years." But I certainly do find it unusual that you just found out about a judgment entered against you some 16... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Washington on
Q: Moving out after our lease is up.


Our 6-month lease ends May 31st, we notified our landlord, on May 2nd, that we would be out by the 31st (end of lease).

He claimes that we did not give him enough time to find a new tenant so we have to stay and pay for the month of June.

Is this correct?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Your written lease controls the answer to your question. If the written lease you signed says you have to give the landlord a longer notice than the customary 30 days, then whatever the lease says answers this question.

1 Answer | Asked in Real Estate Law for Washington on
Q: Is it a conflict of interest to use the same attorney as the owner for an exchange of a small undeveloped property?

The owner and I have agreed on a price but he wants me to use his attorney. Instinct tells me it's a conflict of interest. Am I correct? What is involved in such a sale in addition to title verification? I know a survey has been done.

Vincent Gallo
Vincent Gallo answered on May 5, 2019

Why don’t you suggest that you both use your attorney, and see how they respond.

1 Answer | Asked in Real Estate Law for Washington on
Q: I am a tenant in common with my sister and I want to sell my interest in the land can I do that

We inherited the land for my father when he passed away live in Omak Washington and I just want to sell my part I don’t want to be involved with her at all anymore so can I just show my interest in the land

Vincent Gallo
Vincent Gallo answered on Mar 24, 2019

If you and your sister own real estate that you inherited from your father, and you own it together, presumably, as tenants in common, then you each own a percentage of the whole and not any particular allocable portion of the real estate. If you want to sell, and she is not cooperative, then your... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... Read more »

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