[WSBARP] Post-Disso settlement agreement re Writ of Restitution

[Paul]

If you are worried about use of the Writ of Restitution because of the
nomenclature, why not push for an agreed order (or something like that)
for a Writ of Ejectment.   It may get you to the same place (sheriff at
the door) without implicating RCW 59.12 or 59.18.  


  _____  

From: Eric at sayrelawoffices.com
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Post-Disso settlement agreement re Writ of Restitution
Date: Fri, 9 May 2014 00:38:24 +0000



I have a post-Decree enforcement issue relating to real property within
City of Seattle.

 

Decree awards real property to one spouse, the client. Decree also
obligates client to "support" the ex-spouse for a certain period of time,
and support includes allowing ex-spouse to cohabit with client in the
house. (I know, I know--crazy! But that's how it reads; wasn't my doing.)
That obligation is now terminated. For various reasons, ex-spouse ain't
out yet.

 

I am drafting a Settlement Agreement under which ex-spouse agrees to
vacate by a date certain, or else client is entitled to a Writ of
Restitution without further notice or hearing--just an ex parte
application and instant issuance.

 

I think this is kosher but appeal to the collective wisdom. She's not a
tenant so Seattle just cause eviction ordinance shouldn't apply. There's
no rental agreement or any rent paid; the cohabitation is essentially an
in-kind maintenance duty under the Decree that is now terminated. I want
to short-circuit any possibility of argument under RCW 59.18, or the
necessity of an ejectment action.

 

Anyone see a problem with my client obtaining a contractual right to a
Writ of Restitution under these facts?

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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