Legal Question in Family Law in Washington
Assignor
I am divorced, my husband was given the right to live in the house after the divorce but was court ordered to sell the house. The house has been on the market for a year now. He has moved out of state and purchased a new home. He wants me to move into the house and take over the utilities and maintenance. There is no mortgage as the house has been paid off for sometime. Court order states that I get half the money when sold. There have been attempted break-ins and windows have been broken, so moving in would protect my investment as well. However, I cannot trust him, so if I move in and he decides he doesn't want me there after 2 months what can I do? Is there a legal document for us to fill out assigning me the house until it sells?
1 Answer from Attorneys
Re: Assignor
WA courts want to avoid having you and the ex be tenants in common as to property that belonged to you as a community before the divorce.
The market conditions have created this result for you, albeit unintentionally.
My question to you would be: Do you want to move into the house? If the answer is no, see if you and the ex can cooperate to get a tenant.
If the answer is yes, then write to your ex, and send it certified and keep a copy. Just say that you understand that the decree dictates that the house get sold, but the market is terrible, and so you and he have agreed that it would protect each of your investments for you to live there until (some future time).
You can detail that the point of your occupying the property is to safeguard it. You can point out that the benefit to you is no rent (utilities should be paid by you) and the possibility of outwaiting the market downturn by waiting for a better offer.
Your "CR2A" contract can be signed by both of you and filed with the Court and the Court will enforce it in the context of your divorce. You don't have to trust him.
I have drafted documents like what you are describing and they have been upheld.
Hope this helps. Elizabeth Powell
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