[WSBARP] Property Claim for Debt

[Andrew Hay]

Family law motion for contempt on the support arrears. Serve by publication if necessary.  Obtain a judgment for deficiency, fees, costs, etc.  As remedial action to purge the contempt have him ordered to pay in 30 days or quit claim his interest in the home to get a credit for his equity.  Give him a specified deadline to do that and authorize commissioner or judge to sign for him if he doesn’t comply within a set period of time.  Might need an appraisal to establish value of home to the satisfaction of commissioner or judge, however, an owner is qualified to provide an opinion on home value and without opposition you may avoid the extra cost if the owner can put together a reasoned basis for opinion as to value.


Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Monday, March 30, 2015 4:54 PM
To: wsbarp
Subject: [WSBARP] Property Claim for Debt

Good afternoon listserv,

I have a PC who finalized her pro se divorce against her no-show husband by drawing a line through all community assets, including their home. Now, surprise surprise, the ex husband has failed to make any support payment for going on three years and is in arrears for $80,000.00. He has roughly $50k in equity in the home. She wants to get him off the title now, and wants to use at least a portion of his debt to do that. He cannot be reached, apparently, and wants to actually do this through the Court system. Potentially complicating things is that they still have about $100k in a mortgage. Any thoughts on how we might be able to accomplish this?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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