[WSBARP] Does Divorce Decree Convey Title?

[Mark Anderson]

Is this yet another exception to RCW 64.04.010?  Or, if it does not actually convey title to the property, does this merely give a title company enough confidence to insure title?
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: Dwight Bickel <dwight at dwightbickel.com>
Sent: 07/20/2023 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Mark Anderson <marka at mbaesq.com>
Subject: RE: Does Divorce Decree Convey Title?

Fortunately, the people who prepared the referenced decree included the legal description of the property, and determined which is the sole owner. If the Superior Court for that decree is in the same county as the real property, then there is no reason to record a deed and no reason to record the decree. The Superior Court is a public record and it has authority to order the ownership change. Many people rely on addresses instead, or refer to a settlement agreement that itself rarely has the legal description. Sometimes even the petition does not have the legal description. I think WA courts still believe a legal description is required (but there's some recent evidence that position is becoming more flexible).

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional

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 Mark Anderson
Sent: Thursday, July 20, 2023 1:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Does Divorce Decree Convey Title?

H and W divorced in 1971.  The decree awarded real property (the family home) to W and includes the legal description of the property that was awarded.  No deed was ever recorded.  W is no longer living.  We can't find H and don't even know if he is still living.
Does the decree convey title as between H and W?
I think it should be recorded, but is that necessary to convey title?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=07ss8b1oLThlCXHCcze7hCuF_jnfXD_YWzl5P8jr8zwvJC5MqHXgvCRCGUKf401B&s=TAZKUftjCy1AIFn3Z0X3wYvNG4xFWqTU7FkHYpPBFRY&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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