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Ratings. Guidance. The Right Lawyer.
Civil Litigation on A Real Estate Transaction
Seattle, WA
Viewed 99 times.
Posted 5 months ago in Lawsuits / Disputes
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I buy/sell real estate as a business. I use the MLS forms. I'm not a real estate agent. My wife is a stay at home mom for the last 25 years and is not at all involved in the properties I buy.
I have been sued by someone I bought a house from in 2001 (past the statute of limitations) Plaintiff says there was a verbal agreement after closing, option to repurchase the house within 12 months. No such agreement was made. No attempt to repurchase was made. My wife was named in the complaint. I am pro se. The trial is finally coming up. Does my wife have to show up to trial? Only I, (not her), have been named as a witness. She has no specific knowledge of the transaction and the plaintiff claims to have never met her. My wife was not asked any interrogatories or deposition or discovery - Is this your question? Add additional information Answers (2)
Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted 5 months ago.
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The reason your wife was named in the complaint is because Washington is a community property state. In order to enter a judgment against you the plaintiff has to be sure he/she has named and sued you, your marital community and your wife.
If this suit was filed in 2009 you are correct in that the statute of limitations has clearly expired as to enforcement of any agreement, verbal or express, that plaintiff alleges. The MLS form contract regarding the sale provides that in the event of any litigation the losing party has to pay the prevailing party's attorney fees, so I sure hope you got a lawyer. Hope it turned out OK - Elizabeth Powell 
Joseph Caleb Markowitz
This attorney is licensed in California and 1 other state.
Posted 5 months ago.
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Your wife has to appear at the trial if she has been subpoenaed or given notice that she is being called as a witness by the other side. Otherwise, if you do not intend to call her as a witness, or do not feel her presence would be beneficial, she would not be required to appear. Understand, though, that if she is a party to the case, she may need to defend herself in some fashion or she might be considered to be in default. Really the best thing would be to consult an attorney. And I am not admitted to practice in Washington or familiar with Washington procedures, and I am also not your attorney, so anything I am telling you should be considered pure guesswork and not legal advice.
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