[WSBARP] Divorce Decree Silent as to Ownership of House

[Andrew Hay]

I am not sure the property would be treated as CP.  I am concerned that wife's interest is a half interest as TIC with husband's heir.  Undivided CP is held by the ex-spouses as TIC.  This makes it look like SP, not CP.  So when H died, his half went to his child.  But W retained her half interest.

So it is possible, she is currently half-owner as TIC with heir of H.

A deed to the son would effectively transfer her interest in the property to him.

As a practical matter, even if the property is CP and she inherits his half, then she is full owner and she can transfer it to his son.

Then the next question would be can the son reject the deed?

Also, how comfortable can she feel that she won't get dragged into some quiet title thing later on down the road or some request for contribution to property expenses?

Those are risks she has to evaluate.  An agreement with the son would put those issues to rest.

Here are some cites from Doug Becker's family law quickcites:

"Community property not disposed of by decree is held by the parties as tenants in common (cite omitted). The adjudication of rights in property not disposed of in a dissolution decree requires an independent action for partition (cite omitted)." (Wagers, p. 880) A partition action seeks a declaratory judgment pursuant to RCW 7.24. The attorney fees provision of RCW 26.09.140 is not applicable in such an action and the costs recoverable under RCW 7.24.100 are limited (Wagers, but see Seals v. Seals, 22 Wn. App. 652, 657-58 for an opinion to the contrary). Note the exception for fraud in the next item.
Wagers v. Goodwin, 92 Wn. App. 876, 880, 964 P.2d 1214 (1998);
In re Marriage of Monaghan, 78 Wn. App. 918, 929, 899 P.2d 841 (1995);
In re Marriage of Bishop, 46 Wn. App. 198, 729 P.2d 647 (1986)

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)








From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, January 12, 2023 2:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Divorce Decree Silent as to Ownership of House

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, January 12, 2023 1:35 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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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