[WSBARP] complication in transferring RP to Trust

Wed May 17 10:28:50 PDT 2017

Kristina--if the Decree operated to transfer title you might also review
WAC 458-61A-303(2)(b) which requires an excise tax affidavit any time the
real property transfer is as a result of a court order.

Mark

On Wed, May 17, 2017 at 9:36 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> If the Decree was properly done, including a full legal description and a
> real property judgment index, then it is effective by itself to transfer
> all interest to her, without any need to record it. I would suggest that
> you recite in the QCD from client to RLT something like, "Grantor's
> conveyance includes without limitation all right, title and interest
> awarded to Grantor under the Decree of Dissolution entered in X County
> Superior Court Case #xxxxxx." That will get it in the public record well
> enough, to backstop the Decree.
>
>
>
> From some of my notes on a presentation I gave on "real property for
> divorce lawyers":
>
>
>
>                 A decree of dissolution awarding property situated
> anywhere within the state has the operative effect of transferring title. *In
> re Marriage of Kowalewski*, 163 Wn.2d 542, 548, 182 P.3d 426 (2008), *
> citing see* *United Benefit Life Ins. Co. v. Price*, 46 Wn.2d 587, 283
> P.2d 119 (1955), *overruled on other grounds* by *Aetna Life Ins. Co. v.
> Wadsworth*, 102 Wn.2d 652, 689 P.2d 46 (1984). "The decree operates not
> only to vest in the spouse designated the property awarded to him or her,
> but to divest the other spouse of all interest in the property so awarded,
> except as the decree may otherwise designate." *Price*, 46 Wn.2d at 589.
>
>
>
>                 Judgment is final upon entry, subject to right of appeal.
> CR 54; RCW 26.09.150(1). The division of property cannot be modified except
> under the usual rules for vacating or modifying any judgment. RCW
> 26.09.170(1).
>
>
>
>                 Judgment affecting real property needs proper indexing.
> RCW 4.64.030(2)(b).
>
>
>
>                 If you are confronted with a Decree already entered that
> requires a party to execute a deed and you cannot get cooperation, consider
> appointment to have someone execute the deed in their stead, per CR 70 and
> Ch. 4.28 RCW.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Kristina devore
> *Sent:* Tuesday, May 16, 2017 10:48 PM
> *To:* WSBA Real Property Listserv; WSBA Probate & Trust Listserv
> *Subject:* [WSBARP] complication in transferring RP to Trust
>
>
>
>
>
> I have a client who is creating a Revocable Living Trust.  She owns a home
> that she purchased with her now ex-husband 40 years ago.  I’ve reviewed the
> dissolution papers and my client was awarded the home (and the mortgage
> which she has since paid off) but the ex-husband never quit claimed the
> property to her.  She has not spoken to the ex-husband in over 20 years and
> has no idea where to find. My question is, what do I need to do to get this
> property titled in the trust?
>
>
>
> If the ex-husband can’t be found, can I simply file the dissolution papers
> and reference the property ID so that it is seen when reviewing a chain of
> title?  That seems a little simplistic but it would be a very easy fix.  Do
> I have to do a quiet title action to get the property in her name alone?
> Is there some other option that I haven’t considered aside from finding the
> ex-husband?
>
>
>
> Thanks in advance for any advice.
>
> Kristina
>
>
>
>
>
> Kristina S. DeVore | Attorney & Counselor at Law
>
> KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste.,
> 290 | Vancouver, WA  98684
>
> Phone: (360) 695-0535 | Fax (360) 737-4154 | Kristina at devore-law.com
>
>
>
>
>
>
>
>
>
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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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