[WSBAPT] transferring title via divorce decree

Thu Feb 2 07:07:27 PST 2017

Rachel,

In addition to Eric’s always great advice, the Dissolution Decree will have language in it that both parties must hold the other harmless from collection; typically in or around Section 3.6 of the Decree. I have had luck bringing a motion for enforcement of the Decree, for specific performance of the violated provision and requesting an order that the violator will be held in contempt of court for failing to hold the other harmless if he or she does not. You can also get an award of attorney fees under the Decree for having to cause enforcement. Just a thought.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rachel Edmiston
Sent: Wednesday, February 01, 2017 4:13 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] transferring title via divorce decree

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 <tel:(206)%20625-0092> 

fax 206-625-9040 <tel:(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 <tel:(425)%20945-6333> 

F: 425-272-4294 <tel:(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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