[WSBAPT] transferring title via divorce decree

[Rachel Edmiston]

Thanks so much everyone!  I really appreciate it.

Rachel Edmiston

On Wed, Feb 1, 2017 at 3:59 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> A decree of dissolution awarding property situated anywhere within the
> state has the operative effect of transferring title. *In re Marriage of
> Kowalewski*, 163 Wn.2d 542, 548, 182 P.3d 426 (2008), citing see *United
> Benefit Life Ins. Co. v. Price*, 46 Wn.2d 587, 283 P.2d 119 (1955),
> overruled on other grounds by *Aetna Life Ins. Co. v. Wadsworth*, 102
> Wn.2d 652, 689 P.2d 46 (1984). "The decree operates not only to vest in the
> spouse designated the property awarded to him or her, but to divest the
> other spouse of all interest in the property so awarded, except as the
> decree may otherwise designate." *Price*, 46 Wn.2d at 589.
>
>
>
> Judgment is final upon entry, subject to right of appeal. CR 54; RCW
> 26.09.150(1). The division of property cannot be modified except under the
> usual rules for vacating or modifying any judgment. RCW 26.09.170(1).
>
>
>
> Judgment affecting real property needs proper indexing. RCW 4.64.030(2)(b).
>
>
>
> Note, this means that for the Decree to properly transfer title, it must
> include the complete legal description, clearly award all right, title, and
> interest to a party, and the front of the Decree has to have a real
> property judgment summary. If the Decree isn't properly drafted, then it
> may not be sufficient to convey title without a supplementing quitclaim.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Rachel Edmiston
> *Sent:* Wednesday, February 01, 2017 3:26 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] transferring title via divorce decree
>
>
>
> Listmates,
>
>
>
> PC is being sued for foreclosure on a house that was awarded to her
> ex-husband in their divorce.  She never filed a quit claim.  Does the award
> in the dissolution decree act as a quitclaim instead?  I vaguely remember
> seeing this argument somewhere before, but now I can’t find it.
>
>
>
> Thanks in advance,
>
>
>
> Rachel Edmiston
>
>
>
> --
>
> Rachel Edmiston,
>
> PO Box 13738
>
> Mill Creek, WA  98082
>
> T: 425-945-6333 <(425)%20945-6333>
>
> F: 425-272-4294 <(425)%20272-4294>
>
>
>
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-- 
Rachel Edmiston,
PO Box 13738
Mill Creek, WA  98082
T: 425-945-6333
F: 425-272-4294


CONFIDENTIAL: ATTORNEY/CLIENT PRIVILEGED; ATTORNEY WORK PRODUCT The
information contained in this email is intended for the individual or
entity above. This email is protected by the Electronic Communications
Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally protected by the
attorney/client privilege and/or work product doctrine. If you are not the
intended recipient, please do not read, copy, use, forward or disclose this
communication to others; also, please notify the sender by replying to this
message, and then delete this message from your system. Thank you.
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