Wash. Rev. Code » Title 6 · Chapter 6.13
Revised Code of Washington

Wash. Rev. Code § 6.13.040 (2025)

Automatic homestead exemption—Conditions—Declaration of homestead—Declaration of abandonment

✓ laws through the 2025 session: 2026 session laws are not yet included
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) Property described in RCW 6.13.010 constitutes a homestead and is automatically protected by the exemption described in RCW 6.13.070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required by the following subsections are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as prescribed in RCW 6.15.060(3)(c) or, if the homestead is any other personal property, from and after the delivery of a declaration as prescribed in RCW 6.15.060(3)(d).
(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recording officer in the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recording officer in the county in which the land is located.
(3) The declaration of homestead must contain:
(a) A statement that the person making it is residing on the premises or intends to reside thereon and claims them as a homestead;
(b) A legal description of the premises; and
(c) An estimate of their actual cash value.
(4) The declaration of abandonment must contain:
(a) A statement that premises occupied as a residence or claimed as a homestead no longer constitute the owner's homestead;
(b) A legal description of the premises; and
(c) A statement of the date of abandonment.
(5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.
[ 1993 c 200 s 3; 1987 c 442 s 204; 1981 c 329 s 9. Formerly RCW 6.12.045.]

Notes:

Severability—1981 c 329: See note following RCW 6.21.020.
Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1994–2026 · leading case: City of Seattle v. Long, 493 P.3d 94 (Wash. 2021).
Sort: Relevance Newest Treatment
City of Seattle v. Long, 493 P.3d 94 (Wash. 2021). · cites it 19× “98824-2 requiring a debtor claiming as a homestead “any other personal property” under RCW 6.13.040 to file a declaration stating they reside on the personal property.”
Nw. Cascade, Inc. v. Unique Constr. Inc., 351 P.3d 172 (Wash. Ct. App. 2015). · cites it 5× “RCW 6.13.040(1) states in part: [A] homestead .”
Performance Constr. v. David Keene, 380 P.3d 618 (Wash. Ct. App. 2016). · cites it 2× “RCW 6.13.040(3). In light of RCW 6.13.040(3), we read “owner” as applying solely to natural persons.”
Schermer v. Dep't of Soc. & Health Servs., 161 Wash. 2d 927 (2007). “RCW 6.13.040; In re Trustee’s Sale of Real Prop.”
In re Dependency of Schermer, 169 P.3d 452 (Wash. 2007). “RCW 6.13.040; Sweet v. O'Leary, 88 Wash.App.”
In re the Bankr. Petition of Wieber, 347 P.3d 41 (Wash. 2015). · cites it 2× “See RCW 6.13.040(2)-(4), .050 (describing procedures to file declarations of homesteads, abandonments, and nonabandonments with “the recording officer of the county in which the property is situated” and specifying that declarations “must contain” certain statements), .”
McCone Cnty. Fed. Credit Union v. Gribble, 2009 MT 290, 216 P.3d 206. · cites it 2× “§ 33-1102; Wash. Rev.Code § 6.13.040), many states, *211 like Montana, require that a homeowner file a declaration or claim of homestead exemption.”
Snohomish Cnty. v. Hawkins, 89 P.3d 713 (Wash. Ct. App. 2004). “RCW 6.13.040. Pinebrook Homeowners Ass’n v.”
Sweet v. O'Leary, 944 P.2d 414 (Wash. Ct. App. 1997). “RCW 6.13.040. The trial court held that the protection of the homestead interest was extinguished by a voluntary sale pursuant to a deed of trust.”
Snohomish Cnty. v. Hawkins, 89 P.3d 713 (Wash. Ct. App. 2004). “RCW 6.13.040. [17] Pinebrook Homeowners Ass'n v.”
Viewcrest Condo. Ass'n, Res. v. Brenda L. Robertson, 387 P.3d 1147 (Wash. Ct. App. 2016). “19 RCW 6.13.040; In re Dependency of Schermer, 161 Wn.”
Wilson Sporting Goods Co. v. Pedersen, 886 P.2d 203 (Wash. Ct. App. 1994). “Under RCW 6.13.040, an automatic homestead of up to $30,000 was thereby created.”
Show all 26 citing cases →
Wash. Rev. Code § 6.13.040(1): 6 cases
City of Seattle v. Long, 493 P.3d 94 (Wash. 2021). “98824-2 requiring a debtor claiming as a homestead “any other personal property” under RCW 6.13.040 to file a declaration stating they reside on the personal property.”
Nw. Cascade, Inc. v. Unique Constr. Inc., 351 P.3d 172 (Wash. Ct. App. 2015). “RCW 6.13.040(1) states in part: [A] homestead .”
City Of Seattle v. Steven G. Long, 463 P.3d 135 (Wash. Ct. App. 2020).
City Of Seattle v. Steven G. Long, 467 P.3d 979 (Wash. Ct. App. 2020).
Neville W. Richter, V. Deborah C. Turk, No. 87500-1 (Wash. Ct. App. Mar. 16, 2026).
Wash. Rev. Code § 6.13.040(2): 5 cases
In re the Bankr. Petition of Wieber, 347 P.3d 41 (Wash. 2015). “See RCW 6.13.040(2)-(4), .050 (describing procedures to file declarations of homesteads, abandonments, and nonabandonments with “the recording officer of the county in which the property is situated” and specifying that declarations “must contain” certain statements), .”
In re Bankr. of Wieber, No. 90331-0 (Wash. Apr. 2, 2015).
In re Jeffrey Lloyd Wicklund, No. WW-14-1424-KiFJu (B.A.P. 9th Cir. Mar. 15, 2016).
In re Jeffrey Lloyd Wicklund, No. WW-14-1424-KiFJu (B.A.P. 9th Cir. Mar. 15, 2016).
In re Bankr. of Wieber, No. 90331-0 (Wash. Apr. 2, 2015).
Wash. Rev. Code § 6.13.040(3): 1 case
Performance Constr. v. David Keene, 380 P.3d 618 (Wash. Ct. App. 2016). “RCW 6.13.040(3). In light of RCW 6.13.040(3), we read “owner” as applying solely to natural persons.”
Wash. Rev. Code § 6.13.040(3)(a): 2 cases
In re Jeffrey Lloyd Wicklund, No. WW-14-1424-KiFJu (B.A.P. 9th Cir. Mar. 15, 2016).
In re Jeffrey Lloyd Wicklund, No. WW-14-1424-KiFJu (B.A.P. 9th Cir. Mar. 15, 2016).
Wash. Rev. Code § 6.13.040(5): 1 case
In The Gen. Receivership Of: Jacob G. Buttnick, No. 73742-2 (Wash. Ct. App. Dec. 19, 2016).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.