Legal Question in Real Estate Law in Washington
I have a judgment award due against my ex-wife for a Stipulated Divorce Agreement for the equity in the house we owned in Oregon at the time of the divorce in 2008. When housing values fell she lost all of the equity and eventually the house to foreclosure. She just bought a house in Washington State. The owner of the house is a corporation owned by her and her brother. The Washington Secretary of State has her maiden name as co-owner and no hint of her married name.
My question is if I file the judgment in Washington as a lien on her house, how do I make certain a record search will match her married name on the divorce agreement and her maiden name?
1 Answer from Attorneys
You need to be careful before you file the lien on the home. You indicate the new Washington home is owned by a corporation in which she is a shareholder with her brother. You did not mention what type of corporate entity it is, (partnership, LLC, general corp., etc.) and that may make a difference. Still, if it's a general corporation that she is merely a shareholder in, I don't think you can enforce the judgment against this home.
Your better bet is to register your judgment (I'm assuming it's also from Oregon) in Washington, in the county where your ex now lives as well as owns property. When she goes to re-finance or sell (if she owns property), a records check will turn up your judgment and you will get paid off on that basis. When you file the judgment in Washington, you will include the maiden and married names, so it all comes back to that judgment regardless of name used to buy the property.