[WSBAPT] Partition Question

Tue Apr 8 12:40:56 PDT 2014

It might be do-able as a motion to enforce the Decree, but it sounds like
the language in the Decree is pretty vague--no express deadlines, no
discussion of minimum purchase price or terms of sale, no mention of
consequences for failure to sell within a timeframe, etc....When a Decree
is that vague, the Court often is reluctant to do much because it might
amount to a "modification of the Decree" which is generally not permitted,
as opposed to "enforcement" of its express terms. If the existing terms in
the Decree don't address a particular situation, then it's a Catch-22:
can't get it enforced because it doesn't address the situation, and
modification is not permitted unless you can meet the CR 60 standards (and
time limit) for vacation of a Decree.

Switching the party "responsible for the sale" from wife to husband would
be a modification, so it's probably not viable. You might be able to do it
as a motion for contempt, asking for a finding that a delay of 7 years is
not "timely" and asking the court to require the Wife to promptly list the
property for sale and keep it continuously listed until sold.

Alternatively, what does the Decree say about actual ownership of the
house? Does it award title to one party, or does it say that they remain
owners as tenants in common? If tenants in common, then it might be
possible to avoid the Decree problems by filing for a partition action.
That does have the usual attendant dangers of a partition action, which
often amounts to a game of chicken between the parties as to who is most
willing to risk sale at auction for less money than they'd get in a
private sale.

Don't forget also that a Decree is a judgment, and enforcement is subject
to 10-year statute of limitations. That is probably a good argument for
why 7 years is not a "timely" move toward sale.

Re rental income since the Decree--what does the Decree say? Rental income
typically is divided among co-owners proportionate to their interest in
the property.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of
amanda_wilson at olypenlawoffices.com
Sent: Tuesday, April 08, 2014 11:55 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] Partition Question

This question deals with a Property issue and Family Law.... If anyone can
help it would be appreciated.

Marriage ends in a dissolution.  Dissolution Decree is entered in 2007.  A
Settlement of Property agreement is part of the Decree.  The purpose of
the agreement is to expedite a timely sale of a family home.  However, the
wife who is responsible for the sale has not sold the property.  The
agreement does not give a time frame for when the property is to be sold,
other than to expedite a timely sale.  There are two rentals on the
property.  Income from one of the rentals is in question.  In the
agreement Wife was to live on the property and live in one of the houses
to prepare property for sale and has since moved and is renting out that
house.  My client now wants property sold ASAP, to be in charge of selling
house and wants income from rental.  Is a partition for sale complaint the
proper cause of action?

Amanda M. Wilson, esq.

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

(360)437-4172 office

(206)331-7851 cell phone

"I've learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel." ~ Maya
Angelou

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