[WSBARP] Divorce & Partition Action

[Eric Nelsen]

The California court cannot directly affect ownership of real property in Washington. Of all the jurisdictional issues that States have, control over their own territory and dirt is the one that provokes the most jealousy. The California court can indirectly affect it under in personam jurisdiction, by contempt proceedings against a party, but the locus State retains control over actual title. In re Marriage of Kowalewski, 163 Wn.2d 542, 182 P.3d 959 (2008).

The California court can use the Washington property's value in the course of determining the split of assets between the parties, but it cannot have any direct effect on ownership of Washington real property. Usually with out-of-state property you have to bolster the decree with voluntary deeds.

I have not encountered this particular problem before, but I think partition might actually work. I think both parties have present fee interests as tenants in common, which means there is a partition right. There may be some legal woodworking to do, to get the Washington real property action to dovetail smoothly with the personal California rights that each party has; but I think it could work.

I don't think the passage of more than 10 years changes the analysis, in this instance. Though I wonder if there are some missing facts... What has been going on with the property for the last 11 years?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040







From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, January 22, 2016 4:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Divorce & Partition Action

PC is 11 years post-divorce in CA. Couple is supposed to sell real property in WA but ex-W blocks all actions to sell.  Ex-H has approached CA divorce court for exclusive right to sell property and for sanctions against ex-W but has never been successful.  Several sales have fallen through because of ex-W failure to co-operate.  So now the idea is to seek a partition action of the property in WA.  Will this work?  Does the divorce court in CA have jurisdiction over WA real property?  Thanks for your input. Paul Neumiller

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