[WSBARP] Post-Divorce QCD Catch 22

[John J. Sullivan]

Eric:

I have a speed bump because of back taxes in a Quiet Title judgment situation. But mine is a parcel in the Torrens system. 

John J. Sullivan

Sent from my iPhone

> On Jul 30, 2021, at 12:15 PM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
> 
> 
> Please post to list. I’ve never heard of this—refusing to record because property taxes are in arrears? That makes no sense. I can’t believe the county recorder has authority to refuse on that basis.
>  
> Re the divorce decree—if it has a proper real property judgment summary on the first page and has a full legal description in it, the QCD shouldn’t be necessary. The Decree itself operates to transfer title.
>  
> A decree of dissolution awarding property situated anywhere within the state has the operative effect of transferring title. In re Marriage of Kowalewski, 163 Wn.2d 542, 548, 182 P.3d 426 (2008), citing see United Benefit Life Ins. Co. v. Price, 46 Wn.2d 587, 283 P.2d 119 (1955), overruled on other grounds by Aetna Life Ins. Co. v. Wadsworth, 102 Wn.2d 652, 689 P.2d 46 (1984). "The decree operates not only to vest in the spouse designated the property awarded to him or her, but to divest the other spouse of all interest in the property so awarded, except as the decree may otherwise designate." Price, 46 Wn.2d at 589. But the judgment affecting real property needs proper indexing and legal description. RCW 4.64.030(2)(b).
>  
> Sincerely,
>  
> Eric
>  
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com
>  
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>  
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
> Sent: Friday, July 30, 2021 11:56 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Post-Divorce QCD Catch 22
>  
> Listmates,
> 
> I've got a client needing to record a QCD to separate property post-divorce but is running into what seems to be a "catch 22" problem so I'm looking for some creative solutions.
> 
> Client by divorce decree is awarded the family home and thus needs to record a QCD from ex-spouse to separate the property. However, there is a large amount of outstanding property taxes due (several years worth) and the county (Island) is refusing to record the deed without the taxes being made current. Client doesn't have the funds to bring taxes current so is seeking a loan to pay the taxes. However, client is having trouble procuring a loan because the bank is requiring signature of ex-spouse since ex-spouse's name is on the property but ex-spouse will not sign off on the loan.
> 
> Thus, client can't record a QCD because they don't have the money to pay the taxes but their having trouble getting the money to pay the taxes without first recording the QCD.
> 
> Any thoughts or creative work-arounds for this would be much appreciated, thank you.
> 
> -- 
> 
>  
> Very Truly Yours,
> Ryan P. Coon
> Law Office of Cole & Gilday, P.C.
>  
> 10101 - 270th St. NW
> Stanwood, WA 98292
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
>  
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