CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1233

 

 

                   Chapter 403, Laws of 1999

 

 

                        56th Legislature

                      1999 Regular Session

 

 

HOMESTEAD EXEMPTION--VALUE

 

 

 

                    EFFECTIVE DATE:  7/25/99

Passed by the House April 23, 1999

  Yeas 96   Nays 0

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

     

 

 

              FRANK CHOPP

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 13, 1999

  Yeas 48   Nays 0

             CERTIFICATE

 

We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1233  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           DEAN R. FOSTER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 18, 1999 Place Style On Codes above, and Style Off Codes below.          

                                FILED                

 

             May 18, 1999 - 3:35 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                          HOUSE BILL 1233

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Edmonds, Sheahan and Constantine

 

Read first time 01/19/1999.  Referred to Committee on Judiciary.

Determining the net value of a homestead exemption.  


    AN ACT Relating to the net value of a homestead exemption; and amending RCW 6.13.010, 6.13.150, 6.13.160, and 6.13.030.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 6.13.010 and 1993 c 200 s 1 are each amended to read as follows:

    (1) The homestead consists of real or personal property that 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 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.  Property included in the homestead must be actually intended or used as the principal home for the owner.

    (2) As used in this chapter, the term "owner" includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract.

    (3) As used in this chapter, the term "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.

 

    Sec. 2.  RCW 6.13.150 and 1987 c 442 s 215 are each amended to read as follows:

    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 material injury and without violation of any governmental restriction, the court may, by an order, direct the appraiser to set off to the owner so much of the land, including the residence, as will amount in net value to the homestead exemption, and the execution may be enforced against the remainder of the land.

 

    Sec. 3.  RCW 6.13.160 and 1987 c 442 s 216 are each amended to read as follows:

    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 property is not divided, the court must make an order directing its sale under the execution.  The order shall direct that at such sale no bid may be received unless it exceeds the amount of the homestead exemption.

 

    Sec. 4.  RCW 6.13.030 and 1993 c 200 s 2 are each amended to read as follows:

    A homestead may consist of lands, as described in RCW 6.13.010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of ((thirty)) forty thousand dollars in the case of lands, mobile home, and improvements, or the sum of fifteen thousand dollars in the case of other personal property described in RCW 6.13.010, except where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, in which event there shall be no dollar limit on the value of the exemption.


    Passed the House April 23, 1999.

    Passed the Senate April 13, 1999.

Approved by the Governor May 18, 1999.

    Filed in Office of Secretary of State May 18, 1999.