[WA] How can I remove my ex-wife from a shared home after a divorce decree?

WA Family Law

Liz

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The decree mentions the sale and splitting everything. It does not say if either of you should be no longer residing in the house. That does mean you could seek to clarify the divorce, since she won't leave, to request she be evicted. A good next step can be the motion to modify or clarify; it would just have to make clear that the home has to be unoccupied. (WA Rev Code § 26.09.170)

If she was more amicable, or more afraid of court, it could have been used as leverage to get her to negotiate. If she's being difficult just to be difficult, the court could also issue sanctions. (Wash. Rev. Code § 7.21.030)

Washington Marital Settlement (Divorce) Agreement

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I need information on steps I need to take to have my ex-wife removed from our shared home.

Lexi, Chatbot

I understand that dealing with a situation involving your ex-wife can be quite challenging. Can you tell me if you currently have any legal agreements or court orders in place regarding the shared home?

This is our divorce decree.

Lexi, Chatbot

Have you already discussed this matter with your ex-wife, or is this the first step you are taking to address the situation?

This is the relevant part of the divorce decree:

"The real property, house, and any outbuildings commonly known as [address] shall be listed for sale on June 1, 2025. The net proceeds of the sale shall be split evenly between the parties. Pending June 1, 2025, the petitioner shall have sole use and occupancy of the property, and she shall be responsible for the monthly mortgage payments and utilities. If any repairs are needed to the house or its appliances, the parties shall be equally responsible for the cost. If there are any issues related to this property, they shall be resolved in mediation with [attorney]. [Attorney] costs will be split evenly. Respondent must remove his Impala and the rest of his belongings from the property by November 31, 2023."

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your ex-wife's removal.

No.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, is the home listed for sale?

It was, but we recently took the listing down because of repairs. I tried mediation, because she won't allow me access and she refuses to move out.

Liz

I see, that sounds really frustrating. With having the decree, did it say anywhere about her vacating?

No, but I sent a copy of it in this thread.

Liz

I saw what you attached; it mentions the sale and splitting everything. It does not say if either of you should be no longer residing in the house. That does mean you could seek to clarify the divorce, since she won't leave, to request she be evicted.

No, that's all it says.

Liz

Got it, thanks for clarifying. Since you've tried mediation without success, have you considered taking any legal action to enforce or modify the terms of the divorce decree regarding the property?

No, that's why I'm here trying to figure out the next step.

Liz

Would she oppose going back to court?

Most likely. I don't talk to her. We are not in good terms, so it's been a long 2 years and I need to get my house sold. Most likely not.

Couldn't even get her to do mediation.

Liz

Ah okay.

Liz

Yes, she has been. I will give that a shot and try and have the decree revised with dates."

Liz

Understood. How else can I assist?

That's it. Thank you.

Liz

Have a wonderful night!

Liz

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