[WSBARP] Family law related matter

[paul at walchenbachlaw.com]

Walchenbach Law
____________________________________________________________

April 23, 2026

Chris, absent an agreement of the parties to amend the decree to require a sale, the family law court no longer has jurisdiction over the parties or their jointly owned real property. Consequently, the appropriate cause of action is a partition.

Paul


Walchenbach Law PLLC
Paul Walchenbach
206 948 7095 - direct
paul at walchenbachlaw.com

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On Apr 23, 2026, at 14:16, Timothy Steen <tsteen at andersonhunterlaw.com> wrote:

Because it implicates the family law order and dissolution (and the various equitable and statutory provisions that are built in), it should go to family law counsel.  Also, I suspect a family law court's ability to divide property is more expedient than a contested partition action.


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 Chris B <chrisb at firstavenuelaw.com <mailto:chrisb at firstavenuelaw.com>>
Sent: Thursday, April 23, 2026 1:54:44 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] FW: Family law related matter
 
 
PC just called me.  She is a (now former) spouse.  She and her former husband did a simple divorce, with neither of them having attorneys to represent them.  There is a “Final Divorce Order” which identifies that they own a home as community property located in Bothell.  There is no reference to disposition of the home, so supposedly they both still own it. 
 
I have seen similar orders in the past that discuss such things as a timeline for sale (like once it can be refinanced or once kids graduate high school) and an agreed-upon disposition of the proceeds. This order is totally silent.   
 
The PC now wants to try and force a sale of the home.  Are they now tenants in common and what they need is a partition action (something I can help them with)?  Or is this still a family law matter and should really be referred to family law counsel? 
 
Chris Benis
First Avenue Law Group, PLLC
321 First Avenue West, Seattle, WA  98119
206.447-1900 office – 206.447.9075 fax – www. firstavenuelaw.com <http://firstavenuelaw.com/>  
 
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