Legal Question in Real Estate Law in Washington

Re: Quit-claim deed 3 years after divorce

I would need to see the decree to know exactly what your rights are in this case, but assuming all is as you understand it to be at present, and assuming there is equity in the home so that upon a sale, you at least don't owe anyone anything, then I'd say "yes," you can force the sale. A lot depends on my response, which is why I am saying that I'd need to see the decree, but as I say, if you are correct in your understanding of things, then my answer is yes.

What could be truly disastrous is if the home is upside down (meaning its fair market value is worth less than the mortgage). In that case, selling it may leave you having to pay to walk away from it.

My other concern is whether there is a date listed in the decree that indicates when the home must be sold by. If there is no "sell by date," then you may have a real problem enforcing this provision. The best thing to do is have an attorney look over the decree and go from there.

Re: Quit-claim deed 3 years after divorce

Did you have an attorney at the time of the entry of the decree of dissolution? If yes, have you reviewed your situation with the attorney?

Your decree would have to be reviewed to see whether and when it can be enforceable. For example, if the time by which the house need to be sold is not in the decree, you may not be able to force the sale.

How has been living in the house? Who has been paying the mortgage, property tax, and other expenses for the house? How much equity was in the house when the decree was entered? Has the house apprecriated or depreciated after the entry of the decree?

These and other issues may be relevant. For example, if the value of the house has dropped significantly and is now worth less than the mortgage, there may not be any equity there to give to you.

If you sign any quit claim deed, your obligation to pay the mortgage would not end until the debt is re-financed without your name as a borrower.

You likely should go over your situation with an attorney if you do not already have one.