FILED JULY 30, 2026 In the Office of the Clerk of Court WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE
In the Matter of the Marriage of: ) No. 41042-1-III ) NANCY BABICK, ) ) Respondent, ) ) and ) UNPUBLISHED OPINION ) MATHEW BABICK, ) ) Appellant. )
LAWRENCE-BERREY, J. — Mathew Babick appeals after the trial court entered a
decree of dissolution. The trial court awarded Nancy Urrego1 possession of the marital
home and gave her the option of selling it or, within six months, purchasing Babick’s
equity. The court calculated Babick’s equity as $176,900.
Babick argues the trial court erred by (1) allowing Urrego to purchase his
interest in the home, (2) deducting 10 percent for costs of sale in its calculations, and
(3) requiring him to pay one-half of the mortgage payments until Urrego could purchase
his equity. For the reasons explained below, we deny Babick any relief, but we note he is
entitled to relief from the trial court on his third argument.
1 Formerly Nancy Babick. No. 41042-1-III Marr. of Babick
FACTS
After Babick and Urrego separated, they participated in a March 2022 mediation
and signed a written settlement agreement. Part of their agreement was that Urrego could
continue living in the marital home until at least June 2025 and that Babick would
continue paying one-half of the mortgage.
By their September 2024 trial, only a few matters needed a court’s decision. One
matter involved the marital home. Babick was open to a delayed sale of the home for a
couple of years. Such a sale would allow the value of the home to appreciate and the
proceeds could then be divided. Urrego did not want the home sold; she wanted to
purchase Babick’s equity and have the settlement agreement remain in effect with Babick
continuing to make one-half of the mortgage payments until she purchased his interest.
Urrego presented a market analysis that valued the home between $750,000
and $832,000. She testified that repairs were needed that would cost $18,000. She also
testified that the monthly mortgage payments were $1,900 and the remaining mortgage
balance was $277,000.
Babick testified that the home was worth $800,000. Partway through trial, Babick
contacted a realtor and asked for a market analysis, which valued the home at $874,000.
Babick then adopted this value.
2 No. 41042-1-III Marr. of Babick
The trial court found that Urrego’s market analysis presented the most reliable
evidence of the home’s value and adopted that analysis’s top value of $832,000. Starting
with that number, the court calculated the home’s equity by deducting 10 percent for
costs of sale ($83,200), the $277,000 mortgage, and the $18,000 costs of repair. After
dividing its equity calculation of $453,800 by two, the court determined that each party’s
equity was $226,900. The court then deducted $50,000 from Babick’s equity for marital
waste and arrived at $176,900 for his equity, and thus the amount Urrego needed to pay
Babick. Because Urrego could not qualify for a loan until she began receiving income
after qualified domestic relations orders (QDROs) were entered and entering QDROs
could take months, the trial court gave Urrego until March 31, 2025, to pay Babick. The
court’s order expressly permitted Urrego to request additional time, if necessary.
After the trial court gave its oral ruling, Babick expressed to the court his belief
that its 10 percent costs of sale estimate was too high and that 8 percent was a better
estimate. The court declined to change its estimate.
Babick timely moved for reconsideration and argued that the evidence did not
support the trial court imputing to him $100,000 of marital waste. The court denied
Babick’s motion.
Babick appeals to this court.
3 No. 41042-1-III Marr. of Babick
ANALYSIS
Before addressing Babick’s arguments, we first set forth the standards that govern
our review of a trial court’s property distribution in a marriage dissolution.
A. PROPERTY DISTRIBUTION
A trial court has broad discretion when distributing property in a marriage
dissolution. In re Marriage of White, 105 Wn. App. 545, 549, 20 P.3d 481 (2001). We
will seldom change such decisions on appeal. In re Marriage of Stenshoel, 72 Wn. App.
800, 803, 866 P.2d 635 (1993). The party challenging such a decision must demonstrate
that the trial court abused its discretion. Id. A trial court abuses its discretion if its
decision is manifestly unreasonable or based on untenable grounds or untenable reasons.
In re Marriage of Muhammad, 153 Wn.2d 795, 803, 108 P.3d 779 (2005). “A court’s
decision is manifestly unreasonable if it is outside the range of acceptable choices, given
the facts and the applicable legal standard; it is based on untenable grounds if the factual
findings are unsupported by the record; it is based on untenable reasons if it is based on
an incorrect standard or the facts do not meet the requirements of the correct standard.”
In re Marriage of Littlefield, 133 Wn.2d 39, 47, 940 P.2d 1362 (1997). Babick
challenges three aspects of the trial court’s marital home award. We address them below.
4 No. 41042-1-III Marr. of Babick
Purchase option
Babick argues the trial court abused its discretion by granting Urrego an option to
purchase the home. We disagree.
The trial court was presented with two options: Babick’s request that the home be
sold in a couple of years, and Urrego’s request that she be allowed to purchase the home
from Babick. Although the court did not explain why it ruled in Urrego’s favor, a failure
to explain a decision between two reasonable choices does not meet the Littlefield
standard for an abuse of discretion.
We conclude that the trial court did not abuse its discretion by ruling in Urrego’s
favor and granting her an option to purchase the home.
Costs of sale deduction and continuation of mortgage payments
Babick argues the trial court erred (1) by calculating his equity by deducting the
costs of sale when no sale was contemplated, (2) by choosing a 10 percent costs of sale
figure when there was no evidence to support that figure, and (3) by requiring him to
continue paying one-half of the mortgage payments without him enjoying a benefit in the
increased equity in the home. In support of his first argument, Babick cites In re
Marriage of Berg, 47 Wn. App. 754, 759, 737 P.2d 680 (1987) (deduction for cost of sale
is justified only when a sale is imminent).
5 No. 41042-1-III Marr. of Babick
Urrego responds that Babick may not raise these claims of error for the first time
on appeal. We agree. A leading opinion discussing the importance of error preservation
is State v. O’Hara, 167 Wn.2d 91, 217 P.3d 756 (2009). In O’Hara, our high court
explained:
Free access — add to your briefcase to read the full text and ask questions with AI
FILED JULY 30, 2026 In the Office of the Clerk of Court WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE
In the Matter of the Marriage of: ) No. 41042-1-III ) NANCY BABICK, ) ) Respondent, ) ) and ) UNPUBLISHED OPINION ) MATHEW BABICK, ) ) Appellant. )
LAWRENCE-BERREY, J. — Mathew Babick appeals after the trial court entered a
decree of dissolution. The trial court awarded Nancy Urrego1 possession of the marital
home and gave her the option of selling it or, within six months, purchasing Babick’s
equity. The court calculated Babick’s equity as $176,900.
Babick argues the trial court erred by (1) allowing Urrego to purchase his
interest in the home, (2) deducting 10 percent for costs of sale in its calculations, and
(3) requiring him to pay one-half of the mortgage payments until Urrego could purchase
his equity. For the reasons explained below, we deny Babick any relief, but we note he is
entitled to relief from the trial court on his third argument.
1 Formerly Nancy Babick. No. 41042-1-III Marr. of Babick
FACTS
After Babick and Urrego separated, they participated in a March 2022 mediation
and signed a written settlement agreement. Part of their agreement was that Urrego could
continue living in the marital home until at least June 2025 and that Babick would
continue paying one-half of the mortgage.
By their September 2024 trial, only a few matters needed a court’s decision. One
matter involved the marital home. Babick was open to a delayed sale of the home for a
couple of years. Such a sale would allow the value of the home to appreciate and the
proceeds could then be divided. Urrego did not want the home sold; she wanted to
purchase Babick’s equity and have the settlement agreement remain in effect with Babick
continuing to make one-half of the mortgage payments until she purchased his interest.
Urrego presented a market analysis that valued the home between $750,000
and $832,000. She testified that repairs were needed that would cost $18,000. She also
testified that the monthly mortgage payments were $1,900 and the remaining mortgage
balance was $277,000.
Babick testified that the home was worth $800,000. Partway through trial, Babick
contacted a realtor and asked for a market analysis, which valued the home at $874,000.
Babick then adopted this value.
2 No. 41042-1-III Marr. of Babick
The trial court found that Urrego’s market analysis presented the most reliable
evidence of the home’s value and adopted that analysis’s top value of $832,000. Starting
with that number, the court calculated the home’s equity by deducting 10 percent for
costs of sale ($83,200), the $277,000 mortgage, and the $18,000 costs of repair. After
dividing its equity calculation of $453,800 by two, the court determined that each party’s
equity was $226,900. The court then deducted $50,000 from Babick’s equity for marital
waste and arrived at $176,900 for his equity, and thus the amount Urrego needed to pay
Babick. Because Urrego could not qualify for a loan until she began receiving income
after qualified domestic relations orders (QDROs) were entered and entering QDROs
could take months, the trial court gave Urrego until March 31, 2025, to pay Babick. The
court’s order expressly permitted Urrego to request additional time, if necessary.
After the trial court gave its oral ruling, Babick expressed to the court his belief
that its 10 percent costs of sale estimate was too high and that 8 percent was a better
estimate. The court declined to change its estimate.
Babick timely moved for reconsideration and argued that the evidence did not
support the trial court imputing to him $100,000 of marital waste. The court denied
Babick’s motion.
Babick appeals to this court.
3 No. 41042-1-III Marr. of Babick
ANALYSIS
Before addressing Babick’s arguments, we first set forth the standards that govern
our review of a trial court’s property distribution in a marriage dissolution.
A. PROPERTY DISTRIBUTION
A trial court has broad discretion when distributing property in a marriage
dissolution. In re Marriage of White, 105 Wn. App. 545, 549, 20 P.3d 481 (2001). We
will seldom change such decisions on appeal. In re Marriage of Stenshoel, 72 Wn. App.
800, 803, 866 P.2d 635 (1993). The party challenging such a decision must demonstrate
that the trial court abused its discretion. Id. A trial court abuses its discretion if its
decision is manifestly unreasonable or based on untenable grounds or untenable reasons.
In re Marriage of Muhammad, 153 Wn.2d 795, 803, 108 P.3d 779 (2005). “A court’s
decision is manifestly unreasonable if it is outside the range of acceptable choices, given
the facts and the applicable legal standard; it is based on untenable grounds if the factual
findings are unsupported by the record; it is based on untenable reasons if it is based on
an incorrect standard or the facts do not meet the requirements of the correct standard.”
In re Marriage of Littlefield, 133 Wn.2d 39, 47, 940 P.2d 1362 (1997). Babick
challenges three aspects of the trial court’s marital home award. We address them below.
4 No. 41042-1-III Marr. of Babick
Purchase option
Babick argues the trial court abused its discretion by granting Urrego an option to
purchase the home. We disagree.
The trial court was presented with two options: Babick’s request that the home be
sold in a couple of years, and Urrego’s request that she be allowed to purchase the home
from Babick. Although the court did not explain why it ruled in Urrego’s favor, a failure
to explain a decision between two reasonable choices does not meet the Littlefield
standard for an abuse of discretion.
We conclude that the trial court did not abuse its discretion by ruling in Urrego’s
favor and granting her an option to purchase the home.
Costs of sale deduction and continuation of mortgage payments
Babick argues the trial court erred (1) by calculating his equity by deducting the
costs of sale when no sale was contemplated, (2) by choosing a 10 percent costs of sale
figure when there was no evidence to support that figure, and (3) by requiring him to
continue paying one-half of the mortgage payments without him enjoying a benefit in the
increased equity in the home. In support of his first argument, Babick cites In re
Marriage of Berg, 47 Wn. App. 754, 759, 737 P.2d 680 (1987) (deduction for cost of sale
is justified only when a sale is imminent).
5 No. 41042-1-III Marr. of Babick
Urrego responds that Babick may not raise these claims of error for the first time
on appeal. We agree. A leading opinion discussing the importance of error preservation
is State v. O’Hara, 167 Wn.2d 91, 217 P.3d 756 (2009). In O’Hara, our high court
explained:
It has long been the law in Washington that an “appellate court may refuse to review any claim of error which was not raised in the trial court.” RAP 2.5(a); State v. Lyskoski, 47 Wn.2d 102, 108, 287 P.2d 114 (1955). The underlying policy of the rule is to “encourage[e] the efficient use of judicial resources. The appellate courts will not sanction a party’s failure to point out at trial an error which the trial court, if given the opportunity, might have been able to correct to avoid an appeal and a consequent new trial.” State v. Scott, 110 Wn.2d 682, 685, 757 P.2d 492 (1988). The rule comes from the principle that [a party is] obligated to seek a remedy to errors as they occur, or shortly thereafter. See City of Seattle v. Harclaon, 56 Wn.2d 596, 597, 354 P.2d 928 (1960).
Id. at 97-98 (emphasis added) (first alteration in original).
Here, Babick timely raised two issues concerning the trial court’s equity
calculation. First, after the oral ruling, Babick argued that an 8 percent costs of sale
estimate was more reasonable than a 10 percent costs of sale estimate. Second, in his
reconsideration motion, Babick argued there was no evidence to support the court’s
imputation to him of $100,000 in community waste. Plainly stated, Babick did not timely
raise the three additional arguments he now asks us to review. We very seldom review
6 No. 41042-1-III Marr. of Babick
unpreserved nonconstitutional claims of error, and we will not review either of Babick’s
two unpreserved claims here.
Postappeal proceedings
We granted Babick’s request that he be allowed to supplement our record with
pleadings and transcripts of hearings occurring after he filed this appeal. The first
hearing involved Urrego’s March 2025 request for additional time to purchase Babick’s
equity. The second hearing involved Urrego’s November 2025 request for additional
time to purchase Babick’s equity. And the third matter, which did not warrant a hearing,
involved Babick’s December 2025 CR 60 motion to correct clerical errors.
The trial court may correct a clerical error to give Babick relief
With respect to the first two hearings, the trial court granted Urrego additional
time to purchase Babick’s interest. The need for additional time was due to the delay in
having the QDROs entered so that Urrego could apply for financing to purchase Babick’s
equity. The relevancy of those hearings to this appeal is that the trial court continued
Babick’s one-half mortgage payments beyond the initial timeline of March 31, 2025, to
November 4, 2025.
During the November 2025 hearing, the court explained its original intent for
requiring Babick to continue paying one-half of the mortgage payments:
7 No. 41042-1-III Marr. of Babick
[E]ssentially, I wanted Mr. Babick to continue to contribute to the mortgage payments for the house in the event that it ends up being sold and they share the proceeds. They should both be contributing to the mortgage if they’re both going to share in the proceeds. However, if the house is transferred, or if Ms. Urrego buys out Mr. Babick’s interest in the house, then that doesn’t really apply, and I expected Mr. Babick to be reimbursed the mortgage contributions that he made for October [2024] and beyond, and that could be done as part of the transfer payment.
Verbatim Rep. of Proc. (VRP) (Nov. 12, 2025) at 12.2
Our review of the trial court’s September 2024 oral ruling supports the notion that
this was its original intent. First, in its oral ruling the court stated, “So if the house is
sold, if you’re not able to transfer that payment to Mr. Babick to buy the house, then
while the house is on the market, Mr. Babick is to pay half the mortgage to Petitioner . . .
before the first of each month, and she’s to make the full mortgage payment.” VRP
(Sept. 19, 2024) at 402-03 (emphasis added). Second, although Urrego asked that the
March 2022 agreement remain in effect so that Babick would be required to continue
making payments, the court explicitly ruled that the March 2022 agreement was no
longer in effect.
A trial court may correct a clerical error in a judgment or order at any time.
CR 60(a). A clerical error, as opposed to a judicial error, occurs when a judgment or
2 The court twice reiterated that this was its original intent later in the hearing.
8 No. 41042-1-III Marr. of Babick
order does not convey the trial court’s intent as expressed in the record at trial.
Presidential Ests. Apartment Assocs. v. Barrett, 129 Wn.2d 320, 326, 917 P.2d 100
(1996). Consistent with CR 60(a), we conclude that the trial court may, upon Babick’s
motion (supported by a declaration to establish his prior payments and the date of
closing), correct this clerical mistake and enter findings and conclusions to support a
judgment in favor of Babick for the payments he made from and after October 2024,
including interest at an appropriate rate from the date of closing.
B. URREGO’S REQUEST FOR ATTORNEY FEE SANCTIONS
Citing RAP 18.9, Urrego requests an award of reasonable attorney fees for
defending a frivolous appeal. We deny her request. Not only were Babick’s arguments
nonfrivolous, but they were also well articulated.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________ Lawrence-Berrey, J.
WE CONCUR:
______________________________ _________________________________ Murphy, J. Hill, J.