H-1690              _______________________________________________

                                                    HOUSE BILL NO. 962

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representative Sutherland

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to homesteads; and amending RCW 6.12.100.

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

        Sec. 1.  Section 1, chapter 10, Laws of 1982 as amended by section 16, chapter 260, Laws of 1984 and RCW 6.12.100 are each amended to read as follows:

          The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

          (1) On debts secured by mechanic's, laborer's, materialmen's or vendor's liens upon the premises;

          (2) On debts secured by purchase money security agreements describing as collateral a mobile home located on the premises or mortgages on the premises, executed and acknowledged by the husband and wife or by any unmarried claimant;

          (3) On one spouse's or the community's debts existing at the time of that spouse's bankruptcy filing where (a) bankruptcy is filed by both spouses within a six-month period, including as a joint case under 11 U.S.C. Sec. 302, and (b) the other spouse exempts property from property of the estate under the federal exemption provisions of 11 U.S.C. Sec. 522(b)(1);

          (4) On debts arising from a lawful court order or decree or administrative order establishing a child support obligation or obligation to pay spousal maintenance; or

(5) On debts for assessments arising from a condominium's or home owner association's covenant.