Legal Question in Real Estate Law in Washington

Civil Litigation on A Real Estate Transaction
I buy/sell real estate as a business. I use the MLS forms. I'm not a real estate agent. My wife is a stay at home mom for the last 25 years and is not at all involved in the properties I buy.

I have been sued by someone I bought a house from in 2001 (past the statute of limitations) Plaintiff says there was a verbal agreement after closing, option to repurchase the house within 12 months. No such agreement was made. No attempt to repurchase was made. My wife was named in the complaint. I am pro se. The trial is finally coming up.

Does my wife have to show up to trial? Only I, (not her), have been named as a witness. She has no specific knowledge of the transaction and the plaintiff claims to have never met her. My wife was not asked any interrogatories or deposition or discovery

Asked on 6/19/09, 12:11 am

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

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Re: Civil Litigation on A Real Estate Transaction

Since your wife was named in the complaint, I would say, play it safe and have her show up. That said, based on the information you provided, it appears the only reason your wife was included as a named party is due to Washington's community property laws, which make her liable for any judgments against you that occur during the marriage. So, technically speaking, I think she is fine to not appear, but why risk a silly decision by a judge?

Answered on 6/19/09, 8:18 am

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