Wash. Rev. Code » Title 26 · Chapter 26.16
Revised Code of Washington

Wash. Rev. Code § 26.16.040 (2026)

Community realty subject to liens, execution

✓ current as of May 2026
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Community real estate shall be subject to the liens of mechanics and others for labor and materials furnished in erecting structures and improvements thereon as provided by law in other cases, to liens of judgments recovered for community debts, and to sale on execution issued thereon.
[ 1972 ex.s. c 108 s 4; Code 1881 s 2410; RRS s 6893.]

Notes:

Acknowledgments: Chapter 64.08 RCW.
Liens: Title 60 RCW.
Notes of Decisions
Cited in 16 cases, 1954–2020 · leading case: Keene v. Edie, 935 P.2d 588 (Wash. 1997).
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Keene v. Edie, 935 P.2d 588 (Wash. 1997). · cites it 4× “With the foregoing in mind, we reject the argument of Evans's and the Warrens' that permitting a plaintiff to execute a separate tort judgment against the tort-feasor's in community real property is inconsistent with RCW 26.16.040, which in its earlier and essentially identical…”
deElche v. Jacobsen, 622 P.2d 835 (Wash. 1980). · cites it 2× “There is no statutory authority in this state for the step taken by the court today, but the statutes regarding community property clearly contemplate a system in which community property is not, generally, subject to separate liability: Community real estate shall be subject .”
Sander v. Wells, 426 P.2d 481 (Wash. 1967). · cites it 2× “Appellant contends that despite the foregoing evidence, the mortgage on community real property was void because it lacked the wife’s signature.”
Daily v. Warren, 558 P.2d 1374 (Wash. Ct. App. 1977). · cites it 2× “Such was not the case, however, when the husband attempted to transfer or encumber the community real property; former RCW 26.16.040 2 specifically required that the wife join in the execution of the actual instrument of conveyance and that it be acknowledged by her.”
Peters v. Skalman, 617 P.2d 448 (Wash. Ct. App. 1980). “030 (formerly RCW 26.16.040). An analysis of this issue requires that we review some of the well established concepts of our community property system of ownership between spouses.”
In Re Est. of Verbeek, 467 P.2d 178 (Wash. Ct. App. 1970). “Subsequent to that agreement on May 25, 1966, the husband and wife both executed and acknowledged a written contract for the sale of the real estate specifically describing it. Such a joinder by the wife was essential if the property were community property, whereas, it would…”
Bakke v. Columbia Valley Lumber Co., 298 P.2d 849 (Wash. 1956). “RCW 26.16.040]-, which provides: “The husband has the management and control of the community real property, but he shall not sell, convey or encumber the community real estate, unless the wife join with him in executing the deed or other instrument of conveyance by which the…”
Keene v. Edie, 131 Wash. 2d 822 (Wash. 1997). · cites it 4× “With the foregoing in mind, we reject the argument of Evans’s and the Warrens’ that permitting a plaintiff to execute a separate tort judgment against the tortfeasor’s interest in community real property is inconsistent with RCW 26.16.040, which in its earlier and essentially…”
Meltzer v. Wendell-West, 497 P.2d 1348 (Wash. Ct. App. 1972). “and RCW 26.16.040 read in part 2 : The husband has the management and control of the community real property, but he shall not sell, convey or encumber, the community real estate, unless the wife join with him in executing the deed or other instrument of conveyance by which the…”
Leslie v. Midgate Ctr., Inc., 436 P.2d 201 (Wash. 1967). “Plaintiffs contend that the marital community acquired an interest in the real property because the plaintiff-husband, as a member of the joint venture, had an interest in each parcel of land and this interest was of a kind which necessitated, under RCW 26.16.040, his wife’s…”
Knittle v. Knittle, 467 P.2d 200 (Wash. Ct. App. 1970). “” RCW 26.16.040 “Conveyance of community realty- — -Liens.”
Taylor Distrib. Co. v. Haines, 641 P.2d 1204 (Wash. Ct. App. 1982). “1 The section was formerly codified in RCW 26.16.040, which states: "The husband has the management and control of the community real property, but he shall not sell, convey or encumber, the community real estate, unless the wife join with him in executing the deed or other…”
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