[WSBARP] Divorce Decree Silent as to Ownership of House

[Roger Hawkes]

If w is still alive, she can get the house if she wants it.  If no will the community property goes to the spouse.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, January 12, 2023 1:35 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Divorce Decree Silent as to Ownership of House

Listmates:

In 1994, H & W buy home under a Real Estate Contract.  On December 9, 2010, H & W divorce finalized.  In the "do-it-yourself" decree, there is no mention of who gets the home.  Home remains in both names, but H continues to live on the property.  October, 2022, H dies.  No probate has been filed.  W wants her name off the property.  If H were alive a quit claim deed to him would suffice.  However, there is no one to "accept" the deed.  What can be done?  There is a child, who, I presume, could open a probate, accept the deed then sell the property for the estate.  Have any of you run into this problem?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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