In re Marriage of Bosserman, (Div. I,
Unpublished, Filed April 17, 2008)
Facts: In September 2003, the court entered a decree of dissolution of the marriage of the parties. The decree awarded the husband "as his sole and separate property...all the rest and remainder of the parties' personal property not specifically distributed to the wife...." In 2006, the IRS issued a refund check for tax year 1995. The tax refund was not listed as an asset in the decree. The wife filed a motion to clarify, arguing Brian was not entitled to the tax refund, which was denied by the superior court.
Decision: In cases where property is not disposed of by the trial court, the court may disposed of the property at a later date. In the case of Stephan v. Gallion, 5 Wn. App. 747, 491 P.2d 238 (1971), the appellate court stated because the decree "neither disposed of nor mentioned" the husband's life insurance policy, the policy proceeds were property of both spouses as tenants in common. In the Bosserman case, the court concluded that under the express terms of the decree, the husband was to receive all property and therefor Mr. Bosserman was entitled to the tax refund.