[WSBARP] RCW 6.13.060 homestead spouse signing rule

[Eric Nelsen]

Hi all--RCW 6.13.060 states:

RCW 6.13.060 - Conveyance or encumbrance by spouses or domestic partners.
The homestead of a spouse or domestic partner cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses or both domestic partners, except that either spouse or both or either domestic partner or both jointly may make and execute powers of attorney for the conveyance or encumbrance of the homestead.

Facts: Married couple is separated for multiple years. Husband wants to buy a house and needs to finance it. H will buy as his separate property and estate. H plans to live there, so the house will be his homestead.

Question: Does Wife need to sign the Deed of Trust on H's loan under this statute, even though she isn't going to live there and won't have any interest in the house?

I haven't looked at case law, but the statute seems pretty broad--if the property is the homestead of "a spouse" then the other spouse has to "execute and acknowledge" any encumbrance. Statute says nothing about whether the other spouse uses the same property as a homestead or not.

Full disclosure: I answered this question "yes, need spouse's signature" to an Avvo questioner, and a very experienced title insurance attorney answered "no you don't." So here I am, possibly looking like a dummy, and humbly requesting enlightenment.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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