[WSBARP] Removing Ex-Spouse from Title

[Eric Nelsen]

Sounds like it was community property. If WA community property was completely disregarded in the FL divorce, then it is likely now held by the ex-spouses as equal tenants in common. Lots of case law on that; see e.g. Mayo v. Jones, 8 Wn. App. 140, 141, 505 P.2d 157 (1972). In which case ordinary rules of partition and quiet title apply, beginning on the date of the decree.

Watch out for a catch-all provision in the FL decree though. Sometimes a decree will have a provision that deals with property "not otherwise divided," or "not specifically allocated," or whatever, which could in theory apply to the WA property.

I think you are right-partition or quiet title, depending on the facts available. Note that rescuing the property from foreclosure does give PC reimbursement rights against ex-wife, but doesn't cause the ex-wife to forfeit her interest.

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 Kevin Bukoskey
Sent: Monday, August 31, 2026 9:59 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Removing Ex-Spouse from Title

Hi Listmates,

PC contacted me regarding removing his ex-wife from title to their WA home so he can sell it. They purchased the property while married and subsequently divorced in FL. The divorce decree/order says nothing regarding disposition of the WA real property.

The ex-wife cannot currently be located and appears to have abandoned the property, which subsequently went into foreclosure. PC recently rescued the property from the trustee's sale but now wants to sell it.

Would this be a QT action (or partition?), potentially with service by publication, to remove her interest from title? Or would he need to crack open the FL divorce matter to deal with this? Or is there another mechanism I'm overlooking?

Thanks.

Kevin A. Bukoskey, Esq., JD, MBA
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717

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