[WSBARP] RCW 6.13.060 homestead spouse signing rule

[Valentine, Gretchen (TRGC)]

In that case, I think the lender will require that the wife sign the deed of trust in some way.  What I usually do is:

  1.  Have the wife QCD the property to "husband, as his separate estate" with the QCD recorded just prior to the recording of the deed to husband;
  2.  Have the husband be the sole grantor on the deed of trust, but have the wife sign the deed of trust at the end of the document, with the following words typed just above her signature:  "SIGNING NOT AS AN OBLIGOR OR GUARANTOR BUT MERELY TO ENCUMBER ANY HOMESTEAD OR COMMUNITY INTEREST THAT MAY ARISE"

That usually satisfies most lenders.  However, sometimes lenders may have other requirements.



Good luck!

Gretchen



Gretchen Valentine
VP and NW Regional Underwriting Counsel
Title Resources Guaranty Company
14450 NE 29th Place, Suite 100
Bellevue, WA 98007
425-896-3836 (direct)
425-451-7301 (office)
206-962-7744 (cell)
gretchen.valentine at titleresources.com
________________________________
From: wsbarp-bounces at lists.wsbarppt.com [wsbarp-bounces at lists.wsbarppt.com] on behalf of Eric Nelsen [Eric at sayrelawoffices.com]
Sent: Thursday, February 26, 2015 3:58 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] RCW 6.13.060 homestead spouse signing rule

Just physically separated, no legal action. Living separate and apart for about 4 years.

Sincerely,

Eric

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



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Valentine, Gretchen (TRGC)
Sent: Thursday, February 26, 2015 3:36 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] RCW 6.13.060 homestead spouse signing rule


Eric -

Is the married couple merely separated physically?  Or is the married couple separated by Decree of Legal Separation?

Gretchen


Gretchen Valentine
VP and NW Regional Underwriting Counsel
Title Resources Guaranty Company
14450 NE 29th Place, Suite 100
Bellevue, WA 98007
425-896-3836 (direct)
425-451-7301 (office)
206-962-7744 (cell)
gretchen.valentine at titleresources.com<mailto:gretchen.valentine at titleresources.com>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [wsbarp-bounces at lists.wsbarppt.com] on behalf of Eric Nelsen [Eric at sayrelawoffices.com]
Sent: Thursday, February 26, 2015 2:38 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>)
Subject: [WSBARP] RCW 6.13.060 homestead spouse signing rule
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


_____________________________________________________________________________
This electronic mail message transmission contains information which may be Confidential and/or Privileged. The information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited.

If you have received this electronic mail transmission in error, please notify the sender immediately.
_____________________________________________________________________________
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150227/ee13a4db/attachment.html>