[WSBARP] RCW 6.13.060 homestead spouse signing rule

Fri Feb 27 13:28:24 PST 2015

It technically is not her homestead because she is not living there. See
6.13.050. My (limited) experience is that lenders don't understand this, and
a qcd will be requested/required. May help to get the wife to sign though.

Tim Williams

Tacoma

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 5:19 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] RCW 6.13.060 homestead spouse signing rule

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

  _____  

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 2:38 PM
To: WSBA Real Property listserve (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/20150227/8ed49b8a/attachment.html>