[WSBARP] Does Divorce Decree Convey Title?

[Dwight Bickel]

I agree with Eric Nelsen that any Washington Superior Court has the jurisdiction to determine ownership of title to real property anywhere in the state.

If that court is in a different County, that Order should be recorded in the County where the real property is located to impart notice.

Dwight Bickel
Title Advisor
dwight at dwightbickel.com
206-484-1976

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Thursday, July 20, 2023 4:44:32 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Does Divorce Decree Convey Title?


Dwight, is your caveat about the Decree being in the same county as the real estate an issue of notice for third parties, or a question of the operative effect of the Decree? My understanding was:

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. Judgment affecting real property needs proper indexing. RCW 4.64.030(2)(b).

I can understand needing to record something in the county so that third parties have notice of the change in ownership, but it shouldn’t be required to make the decree effective as between the parties?

Sincerely,



Eric



Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dwight Bickel
Sent: Thursday, July 20, 2023 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 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=>

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