[WSBARP] Divorce and Separate Property

Tue May 5 14:58:46 PDT 2020

Which raises a point made over the years on this list serve, and worth
repeating. Try another title company if the one you are working with doesn't
seem to be flexible enough. They don't all always give you the same answer.
And for the newer among us, another strategy is to make friends with a local
title examiner so you have someone you trust to work with on these things
who is already prepared to be friendly and helpful. 

As I said recently, strategies can include shameless flattery and bribery.

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

www.hossandwilson-hoss.com

rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Tuesday, May 5, 2020 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Divorce and Separate Property

Dwight says it well.  Our view is that separate property not distributed in
the decree remains the separate property of the owner.  We often insure
through this situation.

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com <mailto:j.mccrady at pstitle.com> 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Dwight Bickel
Sent: Tuesday, May 05, 2020 2:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Divorce and Separate Property

We have the confidence from In re Borghi that property character does not
change simply due to the marriage. If you have clear separate character
established by her acquisition before marriage, then you have a basis to
seek the title company to waive the requirement for a deed or revised court
order. Though we know that a Court can award separate property to the other
party, and we know that community property that is not distributed becomes
tenancy in common, we also know that separate property that is not
distributed to the other party, or otherwise affected by a divorce decree,
would not change the separate property vesting. 

Dwight A. Bickel

Washington Title Professional

dwightbickel at hotmail.com <mailto:dwightbickel at hotmail.com> 

www.linkedin.com/in/dwightbickel <http://www.linkedin.com/in/dwightbickel> 

http:/www.titleadvisor.com

206-484-1976 

  _____  

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of nestor at pplsweb.com
<mailto:nestor at pplsweb.com>  <nestor at pplsweb.com <mailto:nestor at pplsweb.com>
>
Sent: Tuesday, May 5, 2020 2:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Divorce and Separate Property 

Wife owned property as separate estate. H&W subsequently get divorced. The
Final decree state that there was "No property" (wrong box checked). Title
Company wants quitclaim from husband. Husband no where to be found. 

What is best course? Seeking a modification of the final decree? Quiet title
against former husband? Service of process will be next to impossible, so
service by publication will have to be route. Any other simpler solutions?

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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