[WSBARP] Partition Action or Not?

[Andrew Hay]

I would do that in the divorce action.  Motion to force the sale.  I would try to set up contempt as well to add some leverage
A

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
Sent: Tuesday, August 14, 2018 10:45 AM
To: 'WSBA Real Property Listserve' <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Partition Action or Not?

All:

In a divorce, where there is a final decree directing one spouse to refinance or sell the property to buy the other spouse out, what would you do if the one spouse has not refinanced or sold the property as directed by the decree?

File a motion to enforce in the dissolution action or file a separate action for partition to force a sale.  Refinancing in this circumstance is highly optimistic.

Thank you.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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