Legal Question in Family Law in Washington

I filed for divorce in jan 2008. Went to trial jan 2010. In that time my ex remained intentionally unemployed so although I had our three kids, I was forced to pay all fees on the family home while he lived there. The kids and I rented a home across town. So by trial the judges ordered him to vacate since he declared that without spousal main he could not afford the home. He was denied maintenance. I moved back and immediately put the home on the market. There was deferred maintence since e home was 40 years old...I still have not sold the home and its been three years. It is the market we are in. I also continue to pay all encumbrances, and all fixes which have amounted to more than $15,000. The value of the home is almost down to a break even from of $500k. Vs the $830k it appraised at trial. Mark has essentially abandoned the home and has refused by email to help in any way with maintenance costs. Yet, he is on the title and loan as a 50% owner. I would just like to buy him out and refi and feel if I am paying for everything I should be able to do so. He will not willingly sell to me. What can I do? Can a judge review this and compel him to sell if I am able to qualify and since I have been paying 100% of all expenses and upkeep for three years?


Asked on 4/22/13, 11:45 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

If you were awarded the home as part of the decree of dissolution, then your ex-husband has an obligation to cooperate in transferring full ownership to you, including signing any papers necessary for you to refinance the home into your name alone. On the other hand, if you were awarded the home pending its sale, and if you make a fair market value offer for the home, and your husband refuses to sell to you, then if I were you I would bring a motion to enforce the decree of dissolution such that you're asking the court to appoint a "special master" to sign the purchase and sale agreement on behalf of your ex-husband.

So long as you purchase the home for fair market value, I think the court will order it sold. As you can imagine, that is where the problem usually arises. He will claim that the home is worth more than what you are offering. Make sure you have some real estate comps ready to provide to the Court to establish the home's current fair market value. You may even need your real estate appraiser to provide a sworn declaration explaining how she or he valued the home when drafting their appraisal.

Ultimately, if I were you I would hire local counsel to handle this for you.

Best of luck to you,

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Answered on 4/23/13, 12:38 pm


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