Washington Code 6.13.070 – Homestead exempt from execution, when — Presumed valid
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(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.
Terms Used In Washington Code 6.13.070
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Forced sale: includes any sale of homestead property in a bankruptcy proceeding under Title 11 of the United States Code. See Washington Code 6.13.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(2) In a bankruptcy case, the debtor’s exemption shall be determined on the date the bankruptcy petition is filed. If the value of the debtor’s interest in homestead property on the petition date is less than or equal to the amount that can be exempted under RCW 6.13.030, then the debtor’s entire interest in the property, including the debtor’s right to possession and interests of no monetary value, is exempt. Any appreciation in the value of the debtor’s exempt interest in the property during the bankruptcy case is also exempt, even if in excess of the amounts in RCW 6.13.030(1).
(3) The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in RCW 6.13.030, shall likewise be exempt for one year from receipt, and also such new homestead acquired with such proceeds.
(4) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county or district in which the homestead is situated.
[ 2021 c 290 § 5; 1987 c 442 § 207; 1981 c 329 § 13; 1945 c 196 § 2; 1927 c 193 § 2; 1895 c 64 § 4; Rem. Supp. 1945 § 532. Formerly RCW 6.12.090.]
NOTES:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Severability—1981 c 329: See note following RCW 6.21.020.