Kshensky v. Pioneer National Title Insurance

Facts of Case

The facts are not disputed.

In 1964, Estera Kshensky divorced her then husband, Ignac Kshensky in King County, Washington. The divorce decree, which was entered following a trial, awarded the parties' Seattle residence to Ms. Kshensky as her sole and separate property. 1 The decree further provided that Mr. Kshensky would have a lien on half of any excess over $14,250 (the price they paid for the house in 1958) of the proceeds of any sede of the house, if he was living at the time of such sale. 2

In 1977, some 12 years after the divorce, Ms. Kshensky sold her home to John Herrin…