Legal Question in Family Law in Washington

Divorced in CA, ex-spouse filing in WA to force sale of jointly held property

In the divorce decree (San Bernardino County) both parties held jointly a house in Washington State. This was 1992. The property has been a rental unit since about 1990. He was responsible for all taxes, deductions, and rents received. At the request of either party, the property must be sold with net proceeds to be evenly split. In 2000, he offered her a specific sum to pay her off and quit the claim. She asked for 50% more than the offer and there was no resolution. Now, she has had a lawyer in Washington file a summons (to a WA county court) to force the sale to a court approved third party, at a court approved selling price. The tax ramifications of selling to a third party will give him a net profit of zero (There is approx. $70K in equity). He would like to have the court name an appropriate amount and rule that she accept the money and quit the claim.

Can she file this summons in Washington State when the divorce happened in CA? And what are his chances of approval?


Asked on 4/03/01, 1:19 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorced in CA, ex-spouse filing in WA to force sale of jointly held propert

That is a complex questions. Bringing a new action in Washington is incorrect, the action should have been brought in California or the California order registered in Washington. In either event she has the right to have the home sold. Get an appraisal of the home, if it is being sold for marked price, you may be wasting your time fighting a sale. Then contact an attorney in San Bernardino and see if you can get the court to restrain her from proceeding in Washington. Much may depend on the wording of the judgment, so legal advise is mandatory. Good Luck

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Answered on 6/06/01, 10:55 am


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