Legal Question in Family Law in Washington

One option is to bring a motion to clarify the decree to provide for a date certain by which the release of the funds and the deed are to take place. Unfortunately, I see this happen all the time where parties or counsel do not consider how long in fact it will take to sell real estate, fail to provide a date certain and fail to say what happens if the transaction does not occur by that date, and then when it takes longer than at least one party expected, trouble arises, as you are now discovering, and now you are in a tough spot bearing the burden of bad drafting.

A judge may not grant your motion on the theory that to impose a new term (sell by date or date by which funds are due) constitutes a modification of a property disbursement, which is not allowed, and which was not bargained for. On the other hand, the court may reason that it was not the parties' intent to let the opposing party have sole decision making power about when to pay you and release the deed, with no recourse to you. Thus, the motion for clarification, and not modification of the decree. I would argue it was the parties' implied intent to release the funds and deed as soon as practically possible, but you are going to need someone to research and back that argument up.

I should say that without actually reading the decree's specific language, it is hard to make the requested analysis, but this at least gives you an idea of what to expect. I suggest you hire counsel to handle this matter for you as it will need to be researched and briefed.

You could hire counsel to negotiate with the opposing counsel. To simplify it somewhat, let me just say that before filing motions, I'd try negotiations and remind them that if you are awarded funds in a decree, that is a judgment bearing 12% simple interest annually (1% per month) and that you will seek interest starting 30 days from entry of the decree. That may get them to start doing something.