[WSBARP] Property Claim for Debt

David Faber david at faberfeinson.com
Mon Mar 30 23:23:54 PDT 2015


Thank you for the ideas. This could work.
On Mar 30, 2015 5:25 PM, "Andrew Hay" <andrewhay at washingtonlaw.net> wrote:

>  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
>
>
>
>
>
> *THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED
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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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