[WSBARP] Partition Action or Not?

[Catherine Clark]

All great points folks.  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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Allen Sakai
Sent: Tuesday, August 14, 2018 1:33 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Partition Action or Not?

I am working on one now as referee where the divorce counsel did move for partition.  One thing that you may want to consider is some sort of writ of ejectment order as part of the motion.  Otherwise you’ll end up selling the property and the other party won’t leave.  Then you can’t deliver possession to the buyer.

Allen R. Sakai
Attorney at Law
Jeppesen Gray Sakai P.S.
10655 N.E. 4th Street, Suite 801
Bellevue, WA 98004-5044

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Steve Tubbs
Sent: Tuesday, August 14, 2018 12:55 PM
To: wsbarp at lists. wsbarppt. com
Subject: Re: [WSBARP] Partition Action or Not?


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<mailto: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><mailto:cat at loccc.com>

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