[WSBARP] Homestead Exemption - Boat

[Rob Rowley]

Boat is personal property thus can have a homestead exemption if it meets
the statutory definition. I have situations where a residential mobile home
in a mobile home park (different owner) can be subject to an exemption.



RCW 6.13.010

Homestead, what constitutes — "Owner," "net value" defined.

(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.







*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Stephen Whitehouse
*Sent:* Wednesday, December 31, 2014 4:37 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Homestead Exemption - Boat



David,

      I have no good answer, but could point out that the exemption
derives, historically, from the homesteads granted by the federal
government which were exempt from execution, and therefore its application
in that scenario being limited to real property.



Steve Whitehouse

Sent from my iPad


On Dec 31, 2014, at 12:19 PM, David Faber <david at faberfeinson.com> wrote:

Good afternoon WSBARP,



Anyone have any experience claiming the WA homestead exemption for a boat
for which a PC uses as their primary residence? I have seen caselaw out of
Arizona that approves of such an exemption claim, but haven't been able to
find anything in WA.


Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110



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