Stokes v. Polley

145 Wash. 2d 341
CourtWashington Supreme Court
DecidedDecember 27, 2001
DocketNo. 70762-6
StatusPublished
Cited by31 cases

This text of 145 Wash. 2d 341 (Stokes v. Polley) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stokes v. Polley, 145 Wash. 2d 341 (Wash. 2001).

Opinions

Sanders, J.

Colleen Stokes seeks review of a Court of Appeals opinion affirming an order granting summary judgment in favor of respondents Scott and Kathy Polley, Ken and Lori Rector, and the Bank of New York. This is a quiet title and partition case, the essence of which involves interpreting a 1980 dissolution decree. The main issue is whether Stokes’ award of “one-half the equity” in certain real estate refers to a monetary award, enforcement of which is barred by the statute of limitations, or an interest in real property which subsists. We hold it refers to a time-barred money award and affirm the appellate court.

Facts and Procedural History

In 1976 Scott Polley acquired by real estate contract approximately 20 acres of property in Chelan County. He married Stokes on October 3, 1977. They separated in May 1979. On March 26, 1980, Stokes obtained a dissolution decree presented by her attorney in a default proceeding in Chelan County Superior Court. The decree provides in relevant part:

4. The community property of the parties is hereby divided as follows:
a. The petitioner is awarded the household goods and furniture in her possession and one-half the equity in the 20 acres of property located in Union Valley, Chelan County, Washington.
b. The respondent is hereby awarded the household goods and furniture in his possession, the automobile and tractor now [345]*345in his possession and one-half the equity in the 20 acres in Union Valley, Chelan County, Washington.
5. The respondent is hereby required to pay all community indebtedness incurred prior to the separation of the parties. Each of the parties is required to pay their separate indebtedness.

Clerk’s Papers at 102-03 (emphasis added). The decree neither purports to divide the separate property of either spouse nor includes the legal description of the real property.

In 1986, Polley paid off the purchase contract and received a statutory warranty fulfillment deed. On January 7, 1993, Polley sold the real property by real estate contract to Ken and Lori Rector who are the present owners.

On December 31, 1998, Stokes filed a complaint in Chelan County Superior Court to quiet title and partition the real property. She claimed the 1980 dissolution decree awarded her a one-half ownership interest in the real property, not merely a monetary award. The trial court rendered summary judgment that Stokes acquired no interest in the real property as such because the decree awarded her only a one-half interest in the equity of the property; equity meant one-half of the value of the property in excess of debt as of 1980; and such an award constituted at most an equitable lien. Accordingly, the trial court dismissed Stokes’ claims with prejudice.

Stokes appealed the summary judgment order, which the Court of Appeals affirmed in an unpublished opinion. Stokes v. Polley, No. 18969-4-III, 2000 Wash. App. LEXIS 2120, 2000 WL 1663646 (Wash. Ct. App. Nov. 2, 2000). The court stated:

A 1980 divorce decree awarding Ms. Stokes “one-half the equit/’ in certain real property purchased by Mr. Polley before the parties’ brief marriage, meant a money judgment barred by the statute of limitations, and not a title interest in the real property.

Id., 2000 Wash. App. LEXIS 2120, at *1, 2000 WL 1663646, at *1. The Court of Appeals also denied Stokes’ motion to [346]*346publish the opinion. Stokes then petitioned this Court for review, which we granted.

Analysis

The issue on review is whether the Court of Appeals erred by interpreting the award in the 1980 divorce decree of “one-half the equity” as a money judgment barred by the statute of limitations for enforcement.1

A. Interpretation of “One-Half the Equity” in Real Property

We are reviewing a summary judgment order. Summary judgment “shall be rendered ... [if] no genuine issue as to any material fact [exists] and. . . the moving party is entitled to a judgment as a matter of law.” CR 56(c). Summary judgment orders are reviewed de novo. W. Telepage, Inc. v. City of Tacoma, 140 Wn.2d 599, 607, 998 P.2d 884 (2000). Interpreting a dissolution decree involves a question of law reviewed de novo. In re Marriage of Thompson, 97 Wn. App. 873, 877, 988 P.2d 499 (1999). Because this case involves interpreting a dissolution decree on review of a summary judgment order, we apply de novo review.

Washington courts apply rules of construction applicable to statutes and contracts to determine the intent of the dissolution court. See, e.g., Thompson, 97 Wn. App. at 878 (citing In re Marriage of Gimlett, 95 Wn.2d 699, 704-05, 629 P.2d 450 (1981)). This is true regardless whether the defendant appears in the dissolution proceeding. Hill v. Hill, 3 Wn. App. 783, 786, 477 P.2d 931 (1970). In such cases, the court is presumed to determine all parties’ property rights, leaving none undisposed. Id. at 786-87 (citing 24 Am. Jur. 2d Divorce and Separation § 925 (1966)); see also Webster v. Webster, 2 Wash. 417, 420, 26 P. 864 (1891).

Decrees should be construed as a whole, giving meaning and effect to each word. Wagner v. Wagner, 95 [347]*347Wn.2d 94, 101, 621 P.2d 1279 (1980). The words used have the legal effect as understood by the law at the time the decree was entered. Reedy v. Reedy, 12 Wn. App. 844, 848, 532 P.2d 626 (1975). However, “[w]ords should be given their ordinary meaning.” Corbray v. Stevenson, 98 Wn.2d 410, 415, 656 P.2d 473 (1982) (contract interpretation case). Finally, where language is used in one instance but not another, there is a difference in intent. Seeber v. Pub. Disclosure Comm’n, 96 Wn.2d 135, 139, 634 P.2d 303 (1981) (statutory interpretation case).

All property, separate and community, is presumed to be before the court for division. Former RCW 26.09.080 (1973); Friedlander v. Friedlander, 80 Wn.2d 293, 305, 494 P.2d 208 (1972). While the court considers the nature and extent of the community and separate property, see former RCW 26.09.080 (1973), the character of the property need not be specifically designated or labeled. Peterson v. Peterson, 3 Wn. App. 374, 377, 475 P.2d 576 (1970). Moreover, the court need not characterize each piece of property.

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Bluebook (online)
145 Wash. 2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-polley-wash-2001.