If, from the report, it appears to the court that the value of the homestead, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the homestead exemption and the property can be divided without material injury and without violation of any governmental restriction, the court may, by an order, direct the appraiser to set off to the owner so much of the land, including the residence, as will amount in net value to the homestead exemption, and the execution may be enforced against the remainder of the land.
[ 1999 c 403 § 2; 1987 c 442 § 215; 1981 c 329 § 17; 1895 c 64 § 17; RRS § 545. Formerly RCW 6.12.220.]

NOTES:

Severability1981 c 329: See note following RCW 6.21.020.

Terms Used In Washington Code 6.13.150

  • Net value: means market value less all liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon. See Washington Code 6.13.010
  • Owner: includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract. See Washington Code 6.13.010
  • 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.