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How do I get my ex-husband to vacate the family residence awarded to me in final divorce order?
Anonymous3 views3 answers
Final decree filed on 2/4/2010, with CR 2(A) agreement entered into on 11/18/2009, indicating that wife receives family dwelling (quit claim deed signed by husband at purchase of house in 1/2004). CR 2(A) stated that husband would move out on or before January 20, and wife would take possession on or before January 21.
Can I have the Sheriff assist him from the property? Does there need to be a formal eviction notice? He has already had more than 2 1/2 months to pack up and leave, and that was based on the mediated CR 2.
Tenancies at will are specifically not included in the class of tenancies that can be terminated by the residential landlord tenant act in WA. This is a tenancy at will because you are not his landlord, you are his ex spouse. Take a look at the ejectment statute and Google a case called Hill v. Hill. That is a 1970 case with similar facts to what you are describing and a pithy discussion of eviction and ejectment.
You can ask the dissolution court to enter an order enforcing the decree, because the decree has the language you need.
RCW 59 12 030 and 040.
The court can and will issue an order to make him vacate, and you can get a writ from the clerk. This is pretty technical stuff, and I would recommend that you find a local family law attorney who understands real property as well.
Hope this helps. Elizabeth Powell
Your best option it to comply with the eviction procedures of the Residential Landlord-Tenant Act (RCW ch. 59.18 and RCW 59.12), and issue the Notice to Vacate, as it is quick and cost-effective. The requirements of the Landlord-Tenant Act must be followed to the letter, so care needs to be taken in issuing an serving all notices and pleadings. Alternatively, depending upon the precise language in your Decree, you could ask the Court for relief through a contempt proceeding if the requirement that he vacate is commanded in the Decree, but it is questionable as to whether the Court would have jurisdiction in a contempt proceeding to direct the issuance of a Writ of Restitution by the County Clerk to the Sheriff.
My colleague is correct. Treat him as a tenant with an expired lease. Give him notice of termination and file the eviction papers.
Problem with bringing contempt proceedings is you have to show abiity to comply with order. If he has no money to move he will probably not be found in contempt.
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