Wash. Rev. Code » Title 6 · Chapter 6.13

Wash. Rev. Code § 6.13.010

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(1) The homestead consists of real or personal property that the owner or a dependent of the owner uses as a residence. In the case of a dwelling house or mobile home, the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved or unimproved land, regardless of area, owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner or a dependent of the owner. Property included in the homestead must be actually intended or used as the principal home for the owner.
(2) As used in this chapter:
(a) "Owner" includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract.
(b) "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.
(c) "Forced sale" includes any sale of homestead property in a bankruptcy proceeding under Title 11 of the United States Code. The reinvestment provisions of RCW 6.13.070 do not apply to the proceeds.
(d) "Dependent" has the meaning given in Title 11 U.S.C. Sec. 522(a)(1).
[ 2021 c 290 s 2; 1999 c 403 s 1; 1993 c 200 s 1; 1987 c 442 s 201; 1981 c 329 s 7; 1945 c 196 s 1; 1931 c 88 s 1; 1927 c 193 s 1; 1895 c 64 s 1; Rem. Supp. 1945 s 528. Formerly RCW 6.12.010.]

Notes:

Findings—2021 c 290: "The legislature finds that the homestead exemption is intended to protect the homeowner's equity in a home against unsecured creditors. The legislature finds that changes to the homestead exemption are necessary to modernize the law and to address the case of Wilson v. Rigby, 909 F.3d 306 (2018) and to adopt the reasoning in In re Good, 588 B.R. 573 (Bankr. W.D. Wash. 2018)." [ 2021 c 290 s 1.]
Effective date—2021 c 290: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2021]." [ 2021 c 290 s 8.]
Severability—1981 c 329: See note following RCW 6.21.020.
Notes of Decisions
Cited in 49 cases (7 in the last 5 years), 1990–2026 · leading case: City of Seattle v. Long
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City of Seattle v. Long (2021) wash · cites it 7× “All such laws require the claimed “homestead” to be the primary residence of the debtor or his or her dependents, and only one homestead may be claimed. Id. at 1127. Relevant here, the homestead exemption does not protect the full value of a homestead but protects up to “the sum…”
Performance Construction, App/cross-resp v. David Keene, Resp/cross-app (2016) washctapp · cites it 3× “¶28 RCW 6.13.010 discusses what constitutes a “homestead.”
Kim v. Lee (2001) wash · cites it 3× “RCW 6.13.010(3); Laws of 1999, ch. 403, § 1.”
Hu Hyun Kim v. Lee (2001) wash · cites it 2× “RCW 6.13.010(3); Laws of 1999, ch. 403, § 1.”
Robin L. Miller Construction Co. v. Coltran (1997) washctapp · cites it 5× “RCW 6.13.010. RCW 6.13.030; RCW 6.13.040; RCW 6.”
Casterline v. Roberts (2012) washctapp “070, the homestead is automatically exempt from execution on judgments against the homestead’s owner in an amount up to $125,000.”
Debra Wilson v. James Rigby (2018) ca9 “” Wash. Rev. Code § 6.13.010 . Thus, Washington contemplates that the value of its homestead exemption is determined upon execution of a judgment against homestead property, or in the bankruptcy context upon trustee’s sale, and is limited to the lesser of the net proceeds from…”
Northwest Cascade, Inc. v. Unique Construction Inc. (2015) washctapp “5 ¶28 RCW 6.13.010 defines “homestead” and “owner”: (1) The homestead consists of real or personal property that the owner uses as a residence.”
Kim v. Lee (2000) washctapp · cites it 3× “Case law in Washington at that time held that any deed of trust encumbering property after entry of default judgment but before execution was to be counted as part of the “liens and encumbrances” under RCW 6.13.010 before arriving at a net property value that a judgment creditor…”
Robin L. Miller Construction Co. v. Coltran (2002) washctapp · cites it 10× “RCW 6.13.010(1). Homestead property is exempt from execution or forced sale for the debts of the owner up to the lesser of (1) its total net value or (2) the sum of $40,000.”
In re the Marriage of Baker (2009) washctapp · cites it 3× “ANALYSIS ¶4 The sole issue on appeal is whether Parcel B is exempt from a writ of execution under the homestead act.”
In Re Roberts (2001) mab “”); Wash. Rev.Code Ann. § 6.13.010(1) (“the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside .”
Show all 49 citing cases →
— Wash. Rev. Code § 6.13.010(1) — 23 cases
City of Seattle v. Long (2021) wash “All such laws require the claimed “homestead” to be the primary residence of the debtor or his or her dependents, and only one homestead may be claimed. Id. at 1127. Relevant here, the homestead exemption does not protect the full value of a homestead but protects up to “the sum…”
Casterline v. Roberts (2012) washctapp “070, the homestead is automatically exempt from execution on judgments against the homestead’s owner in an amount up to $125,000.”
Performance Construction, App/cross-resp v. David Keene, Resp/cross-app (2016) washctapp “¶28 RCW 6.13.010 discusses what constitutes a “homestead.”
In re the Marriage of Baker (2009) washctapp “ANALYSIS ¶4 The sole issue on appeal is whether Parcel B is exempt from a writ of execution under the homestead act.”
In Re Roberts (2001) mab “”); Wash. Rev.Code Ann. § 6.13.010(1) (“the homestead consists of the dwelling house or the mobile home in which the owner resides or intends to reside .”
— Wash. Rev. Code § 6.13.010(2) — 1 case
John J. Hadaller v. Mayfield Cove Estates Homeowners Assoc. (2017) washctapp
— Wash. Rev. Code § 6.13.010(3) — 8 cases
Kim v. Lee (2001) wash “RCW 6.13.010(3); Laws of 1999, ch. 403, § 1.”
Hu Hyun Kim v. Lee (2001) wash “RCW 6.13.010(3); Laws of 1999, ch. 403, § 1.”
Robin L. Miller Construction Co. v. Coltran (1997) washctapp “RCW 6.13.010. RCW 6.13.030; RCW 6.13.040; RCW 6.”
Robin L. Miller Construction Co. v. Coltran (2002) washctapp “RCW 6.13.010(1). Homestead property is exempt from execution or forced sale for the debts of the owner up to the lesser of (1) its total net value or (2) the sum of $40,000.”
Kim v. Lee (2000) washctapp “Case law in Washington at that time held that any deed of trust encumbering property after entry of default judgment but before execution was to be counted as part of the “liens and encumbrances” under RCW 6.13.010 before arriving at a net property value that a judgment creditor…”
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