[WSBARP] complication in transferring RP to Trust

Wed May 17 12:42:53 PDT 2017

What about an adverse possession claim?  Seems to me that you could do that here given the amount of time that has passed as a back up plan to those orders.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Wednesday, May 17, 2017 10:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] complication in transferring RP to Trust

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<mailto: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<tel:(206)%20625-0092>
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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> [mailto: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<tel:(360)%20695-0535> | Fax (360) 737-4154<tel:(360)%20737-4154> | Kristina at devore-law.com<mailto:Kristina at devore-law.com>

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Mark T. Higgins
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