[WSBARP] Partition Action or Not?

[Steve Tubbs]

I’d offer a declaration in the disso action, setting out how, given the decree, refinancing by the obligee spouse is untenable, and that the obligor spouse has failed or refused to act.  Based upon the same, the effective remedy is not a ‘motion to compel’, but an order allowing the obligee to sell on reasonable terms, with the costs of the same to be deducted from the share of proceeds of sale payable to the defaulting party; and further that the defaulting party pay for the fees and costs otherwise incurred by the obligee spouse to enforce the decree provision pertaining to sale.  Good luck!

> On Aug 14, 2018, at 10:44 AM, Catherine Clark <Cat at loccc.com> wrote:
> 
> 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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