Title 6 — Title 6 ENFORCEMENT OF JUDGMENTS
15 chapters · 242 sections in this title.
RCW 6.13.010 Homestead, what constitutes—Terms defined.
2.4K chars
(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,…
RCW 6.13.020 Homestead—What may constitute.
1.1K chars
If the owner is married or in a state registered domestic partnership, the homestead may consist of the community or jointly owned property of the spouses or the domestic partners or the separate property of either spouse or either domestic partner: PROVIDED, That the same premis…
RCW 6.13.030 Homestead exemption amount.
2.0K chars
(1) The homestead exemption amount is the greater of:(a) $125,000;(b) The county median sale price of a single-family home in the preceding calendar year; or(c) Where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a…
RCW 6.13.040 Automatic homestead exemption—Conditions—Declaration of homestead—Declaration of abandonment.
2.2K chars
(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 i…
RCW 6.13.050 Homestead presumed abandoned, when—Declaration of nonabandonment.
1.2K chars
A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six months. However, if an owner is going to be absent from the homestead for more than six months but does not intend to abandon the homestead, and has no other principal resi…
RCW 6.13.060 Conveyance or encumbrance by spouses or domestic partners.
0.9K chars
The homestead of a spouse or domestic partner cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses or both domestic partners, except that either spouse or both or either domestic partner or both …
RCW 6.13.070 Homestead exempt from execution, when—Presumed valid.
1.7K chars
(1) Except as provided in RCW 6.13.080, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in RCW 6.13.030.(2) In a bankruptcy case, the debtor's exemption shall be determined on the date the bankruptcy …
RCW 6.13.080 Homestead exemption, when not available.
2.7K chars
The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained:(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 parti…
RCW 6.13.090 Judgment against homestead owner—Lien on excess value of homestead property.
1.0K chars
A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recording officer of the county where the property is located. However, if…
RCW 6.13.100 Execution against homestead—Application for appointment of appraiser.
0.4K chars
When execution for the enforcement of a judgment obtained in a case not within the classes enumerated in RCW 6.13.080 is levied upon the homestead, the judgment creditor shall apply to the superior court of the county in which the homestead is situated for the appointment of a pe…
RCW 6.13.110 Application under RCW 6.13.100 must be made by verified petition—Contents.
0.4K chars
The application under RCW 6.13.100 must be made by filing a verified petition, showing:(1) The fact that an execution has been levied upon the homestead.(2) The name of the owner of the homestead property.(3) That the net value of the homestead exceeds the amount of the homestead…
RCW 6.13.120 Notice.
0.3K chars
A copy of the petition, with a notice of the time and place of hearing, must be served upon the owner and the owner's attorney of record, if any, at least ten days before the hearing.[ 1987 c 442 s 212; 1981 c 329 s 16; 1895 c 64 s 12; RRS s 540. Formerly RCW 6.12.170.]Notes:Seve…
RCW 6.13.130 Hearing—Appointment of appraiser.
0.4K chars
At the hearing, the judge may, upon the proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint a disinterested qualified person of the county to appraise the value of the homestead.[ 1987 c 442 s 213; 1984 c 118 s 1; 1895 c 64 s…
RCW 6.13.140 Appraiser—Oath—Duties.
0.8K chars
The person appointed, before entering upon the performance of duties, must take an oath to faithfully perform the same. The appraiser must view the premises and appraise the market value thereof and, if the appraised value, less all liens and encumbrances, exceeds the homestead e…
RCW 6.13.150 Division of homestead.
0.8K chars
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 materia…
RCW 6.13.160 Sale, if not divisible.
0.7K chars
If, from the report, it appears to the court that the appraised value of the homestead property, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the amount of the homestead exemption and the proper…
RCW 6.13.170 Application of proceeds.
0.5K chars
If the sale is made, the proceeds must be applied in the following order: First, to the amount of the homestead exemption, to be paid to the judgment debtor; second, up to the amount of the execution, to be applied to the satisfaction of the execution; third, the balance to be pa…
RCW 6.13.180 Money from sale protected.
0.5K chars
The money paid to the owner is entitled to the same protection against legal process and the voluntary disposition of the other spouse or other domestic partner which the law gives to the homestead.[ 2008 c 6 s 636; 1987 c 442 s 218; 1981 c 329 s 20; 1973 1st ex.s. c 154 s 10; 18…
RCW 6.13.190 Appraiser—Compensation.
0.2K chars
The court shall determine a reasonable compensation for the appraiser.[ 1987 c 442 s 219; 1984 c 118 s 2; 1895 c 64 s 22; RRS s 550. Formerly RCW 6.12.270.]
RCW 6.13.200 Costs.
0.3K chars
The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in RCW 6.13.150 and 6.13.160 the amount so paid must be added as costs on execution, and collected accordingly.[ 1987 c 442 s 220; 1895 c 64 s 23; RRS s 551. Former…
RCW 6.13.210 Alienation in case of incompetency or disability of either spouse or either domestic partner.
0.9K chars
In case of a homestead, if either spouse or either domestic partner shall be or become incompetent or disabled to such a degree that he or she is unable to assist in the management of his or her interest in the property of the marriage or domestic partnership and no guardian has …
RCW 6.13.220 Notice of application for order.
1.3K chars
Notice of the application for such order shall be given by publication of the same in a newspaper published in the county in which such homestead is situated, if there be a newspaper published therein, once each week for three successive weeks prior to the hearing of such applica…
RCW 6.13.230 Petition.
1.1K chars
Thirty days before the hearing of any application under the provisions of this chapter, the applicant shall present and file in the court in which such application is to be heard a petition for the order mentioned, subscribed and sworn to by the applicant, setting forth the name …
RCW 6.13.240 Order—Effect.
0.4K chars
If the court shall make the order provided for in RCW 6.13.210, the same shall be entered upon the minutes of the court, and thereafter any sale, conveyance, or mortgage made in pursuance of such order shall be as valid and effectual as if the property affected thereby was the ab…