- January 29, 1990
- All Washington Agents
- Judgment for Owelty
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.
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