Washington Code 6.13.080 – Homestead exemption, when not available
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The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained:
Terms Used In Washington Code 6.13.080
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Forced sale: includes any sale of homestead property in a bankruptcy proceeding under Title 11 of the United States Code. See Washington Code 6.13.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(1) On debts secured by mechanic’s, laborer’s, construction, maritime, automobile repair, material supplier’s, or vendor’s liens arising out of and against the particular property claimed as a homestead;
(2) On debts secured:
(a) By security agreements describing as collateral the property that is claimed as a homestead; or
(b) By mortgages or deeds of trust on the premises that have been executed and acknowledged by both spouses or both domestic partners or by any claimant not married or in a state registered domestic partnership. The execution and acknowledgment of a mortgage or deed of trust by a dependent who is not a spouse or domestic partner is not required;
(3) On one spouse’s or one domestic partner’s or the community’s debts existing at the time of that spouse’s or that domestic partner’s bankruptcy filing where (a) bankruptcy is filed by both spouses or both domestic partners within a six-month period, other than in a joint case or a case in which their assets are jointly administered, and (b) the other spouse or other domestic partner exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. § 522(d);
(4) On debts arising from a lawful court order or decree or administrative order establishing a child support obligation or obligation to pay maintenance;
(5) On debts owing to the state of Washington for recovery of medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. § 1396p;
(6) On debts secured by a condominium, homeowners’, or common interest community association’s lien; or
[ 2021 c 290 § 6; 2019 c 238 § 215; 2018 c 277 § 501; 2013 c 23 § 2; 2008 c 6 § 635; 2007 c 429 § 2; 2005 c 292 § 4; 1993 c 200 § 4. Prior: 1988 c 231 § 3; 1988 c 192 § 1; 1987 c 442 § 208; 1984 c 260 § 16; 1982 c 10 § 1; prior: 1981 c 304 § 17; 1981 c 149 § 1; 1909 c 44 § 1; 1895 c 64 § 5; RRS § 533. Formerly RCW 6.12.100.]
NOTES:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Effective date—2018 c 277: See RCW 64.90.910.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1982 c 10: “If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.” [ 1982 c 10 § 19.]
Severability—1981 c 304: See note following RCW 26.16.030.