News Category: Blog Articles
Disclosures – Sellers Have a Legal Obligation to Reveal Known Defects When Selling a Home
The process of selling a home can be a time consuming and complex process. As part of that process, owners looking to sell have the responsibility to disclose known defects in the property. If you are considering a private sale or want to ensure you have completed your due diligence, disclosures are an important part
Is Your Homeowners Association Limiting Short-Term Rentals Within Your Planned Community – and if Not, Should They?
With the rise of planned communities in Seattle, it is becoming more and more common for properties to be organized and operated as a Homeowner Association (“HOA”). An HOA is typically form as a separate entity with the intention of making and enforcing the rules for the properties and residents within the planned community. The
What to Know if You’re Getting Divorced and Your Spouse Holds Power of Attorney
Worried about a financial power grab in divorce? A power of attorney can be like writing a blank check to your spouse. Many married couples will sign powers of attorney as part of their estate planning documents, which provide broad authority to act on the other spouse’s behalf. Estranged spouses have used powers of attorney
Community or Separate Property? Beware of THE Mortgage Rule
What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community property. However, beware; if your spouse signs off on the mortgage liability associated with your separate property
New Security System? Some Key Privacy Issues to Know Before Setting up that Camera
With the rise of smart security systems that can be placed inside and outside of the home, there are some key privacy issues to be aware of before you set-up that doorbell with a built-in camera that records video and sound. Washington State’s privacy act is considered one of the most restrictive in the nation.
Did You Really Say Goodbye? What is the Date of Separation and What is the Legal Impact of that Date in Divorce?
The lyrics “We only said goodbye with words” were famously written and sung in Back to Black by Amy Winehouse. The song was about the ending of a relationship, and the theme of goodbye. Under Washington law, “words of goodbye” are not enough in a divorce to establish separation and the end of the marital
A Primer on Community vs. Separate Property in Washington State
As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts are split right down the middle, 50/50. While this is often a good place to start
Breaking a Commercial Lease: Things to Consider Before Termination
The world is transforming in the post-covid era and business needs are evolving as consumer habits change. These changes can directly impact the space where you conduct business and have you contemplating what to do about one of your business’ largest expenses. Whether your company is growing and in need of a new space to
Washington Family Law: Appealing Your Case When the Issue Concerns a Committed Intimate Relationship
I have previously blogged about Committed Intimate Relationships (“CIR”) and how courts handle them at the trial level, which you can read about here and here. In addition, CIR have also been reviewed by the Appellate and Supreme Court of Washington. Succinctly, the Supreme Court of Washington recognizes CIR as an equitable doctrine “because the
Valuing Real Estate in Divorce Cases
Washington State divorce laws provide that in every case the trial court must order a “just and equitable” distribution of the parties’ property and liabilities, whether community or separate. RCW 26.09.080. This includes real estate. Of course, before the court can decide how to divide and award property, it must first determine the value of