Bulletin: WA000014

Date:
January 29, 1990
To:
All Washington Agents
RE:
Judgment for Owelty

Dear Associates:

The Washington Court of Appeals has adjudicated that a dissolution lien in favor of one spouse against property awarded to the other spouse is a judgment for owelty. A judgment for owelty is an equitable lien in the nature of a vendor's lien, which will prevail over a declaration of homestead. Hartley v. Liberty Park Associates, 774 P.2d 40 (Wash. App. 1989) Therefore, dissolution liens are not affected by the homestead exemption.

The court of appeals also ruled that filing the decree with the clerk was adequate notice. It was not necessary to also record a certified copy of the decree.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
4.32 Divorces
 
8.08 Homesteads
 
8.16 Husband And Wife
Exceptions Manual:
WA Judgments
 
WA Marital Rights
Forms:
None