Legal Question in Real Estate Law in Washington
Tenancy in common divorce decree
My wife is divorced and in her decree of dissoulution granted a share of the profits on a rental property to her ex husband if and when the property is sold. There was no order to sell and no promise of the sale. He is threatening legal action to get his money twenty years later. Can she be forced to sell and pay him off in Washington state?
1 Answer from Attorneys
Re: Tenancy in common divorce decree
Divorcing couples are not supposed to wind up as tenants in common as to ANY community property when the divorce is final, it is supposed to be divided.
Two principles are at odds here: the right to enforce a decree of dissolution and the right to finality.
He probably cannot force her to sell, but that depends on exactly how the decree is worded. He was never granted title or any title (fee) interest. Thus she cannot be forced to sell the property. She might have to refinance it, but . . .
If there was a judgment summary and judgment in the (now) 20-year old decree and he has done nothing to preserve the judgment, it may be too late.
Interesting problem, but I would need to see the decree to figure out what remains enforceable.
Sorry I can't offer more help here.
Elizabeth Powell
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