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

[Eric Nelsen]

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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