[WSBARP] complication in transferring RP to Trust

[Bickel, Dwight]

The Superior Court judgments and decrees are the same as auditor’s records to constitute public notice of matters related to the land if within that county.

The particular Divorce Decree was forwarded to me. It was plain and simple. “The following property is the sole and separate property of the [wife]” and provided the legal description. It was in the same county. Therefore, no deed is required for that vesting.

The problem with most divorce decrees is that they fail to state a conclusive vesting. For example, many Decrees incorporate a settlement agreement that is sealed, or state executory duties, such as “Petitioner shall deliver a quitclaim to vest title…” Or the decree simply uses a street address. [WA courts have been notoriously strict requiring real estate agreements to have full legal descriptions, but there are a few Judges that do not require the same standards when it is within their own decision.] A Decree that refers to the legal description that is in a pleading that is not sealed will be accepted by title companies.
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