[WSBARP] spouse "homestead" and tenancy rights in other spouse's separate property residence

[Eric Nelsen]

C and D are married, and live in a house that C acquired prior to marriage. D additionally has executed a quit claim deed confirming that the house is C's separate property.

1. Can D claim a homestead in the house? No ownership interest, but it is D's place of residence just as much as it is C's.

2. What is D's legal status as an occupant, anyway? Tenant at will? If D has any legal status as a tenant at all, does that sustain the right to homestead?

Any legal and equitable interest in a property, including a lease, is sufficient to create a homestead. Downey v. Wilber, 117 Wn. 660, 202 P. 256 (1921). But see Northwest Cascade, Inc. v. Unique Construction, Inc., 187 Wn.App. 685, 351 P.3d 172 (Div. 2, May 19, 2015), holding that "mere occupancy and possession" of a property is not enough interest to claim as a homestead, citing see SSG Corp. v. Cunningham, 74 Wn.App. 708, 714, 875 P.2d 16 (1994).

Northwest Cascade and SSG Corp. both appear to involve bad actors who were blurring the line between their personal assets and assets of a wholly-owned corporation. In the case of an innocent spouse, with that spouse be considered a tenant at will, and would that be a sufficient equitable interest to support claiming a homestead?

Sincerely,

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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