Legal Question in Family Law in Washington

My home

May I sell my home without my wifes authority. We both reside in it but it was quit claim deeded to me as my sole and seperate property by my mother before she died. Will all of the proceeds be mine at point of sale?


Asked on 2/23/07, 12:08 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: My home

In WA, all property is presumed community unless there is clear indicia of separate property.

You don't indicate any basis, other than your mother's bequest, as to why this is your property, whic turns on how long ago your mother died, whether that was before or after you married, how long ago she wrote her will, who has been paying the bills on the house - the utilities, the taxes, the upkeep, perhaps a mortgage. Those are all factors that a court will use to determine whether your wife has an interest in the house or not.

And even if it is determined that she has no interest, she lives there. So selling it out from under her would be regarded as a cheap shot, which is not in your best interests coming before a dissolution court. If you have kids, the court would be deeply displeased with that sort of underhanded conduct.

Whether or not the proceeds from the sale are separate or community is a matter of interpretation and I don't have nearly enough information to make an informed guess.

Hope this helps. Powell

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Answered on 2/23/07, 12:23 pm


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