_______________________________________________
HOUSE
BILL 1233
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
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.
