§69.06 Attorney Fees and Costs

• Jurisdiction: Washington

§ 69.06 ATTORNEY FEES AND COSTS

The general rule is that in the absence of contract, statute, or recognized ground of equity, the court has no authority to award attorney fees. Hamilton v. Huggins, 70 Wn. App. 842, 851, 855 P.2d 1216 (1993) (citing Bowles v. State Dep't of Retirement Sys., 121 Wn.2d 52, 70, 847 P.2d 440 (1993)); State ex rel. Macri v. City of Bremerton, 8 Wn.2d 93, 113-14, 111 P.2d 612 (1941). In an action adjudicating the parties' rights to undistributed property, a basis for attorney fees may be available by contract, statute, or equity.

[1] Separation Agreement

A separation agreement is a contract, and if it provides for attorney fees, in the appropriate circumstances they may be granted. In re Marriage of Rufener, 52 Wn. App. 788, 792, 764 P.2d 655 (1988).

Practice Tip: All separation agreements have hold-harmless agreements, and many have similar provisions requiring the parties to cooperate in implementing the decree. These provisions are insufficient to support an award of attorney fees to the prevailing party in an action to adjudicate the parties' rights to undistributed property. The following provision would form the basis for an award of attorney fees and costs: "In any action to adjudicate the parties' rights to property that is undistributed by this separation agreement, the prevailing party shall recover reasonable costs and attorney fees."

[2] Chapter 26.09 RCW

A partition action may be considered a...