Thursday, February 15, 2018

WASHINGTON STATE HOMESTEAD EXEMPTION


A homestead exemption is a protection granted by statute which safeguards equity in a residence of a homeowner from judgment creditors.  In Washington, this safeguard is automatic.  See Revised Code of Washington 6.13.040.  Under the statute, the exemption is automatically applied to the home as soon as it is occupied as a principal residence by the owner. 

          This automatic protection is very comforting, as a homeowner is not required to file any declaration to obtain the protection.  Homeowners have enough to worry about when purchasing a new home!

          What about when a new homeowner has purchased a piece of property, and is interested in moving into the property as their residence?  Imagine the property is raw land and the homeowner must rent while they are anxiously awaiting their dream home to be built.  The good news is that Washington has a mechanism for this homeowner to claim their new home as their homestead before moving into the property. 

          The homeowner in this unique circumstance can file a declaration of homestead and a declaration of abandonment of homestead.  With these two documents the homeowner is not only asserting the new property as their home, but they are denying any other property is their home.  This gives the homeowner the same protections as would be granted automatically, if they were able to move into it right away.

          This is a corner case for most people to worry about while waiting to move into a new home.  The individuals that are most benefited by this rule are those people who are already exposed to risk of loss:  individuals contemplating bankruptcy or individuals hounded by creditors through lawsuits and/or judgments.

          If your client is in such circumstances, let them know of the option to protect their new home!  Refer them to a qualified attorney to assist in not only filing the declarations, but planning for resolving their creditor problems permanently!

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