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

[hhherman2]

Eric,

 

Have any community funds been used to make payments on a mortgage; paid any
taxes or made any improvements? If so, the community would have a lien on
the home and one half would belong to D as an equitable interest.

 

Howard Herman

Herman Herman & Jolley PS

509.220.5810

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, November 13, 2015 11:53 AM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] spouse "homestead" and tenancy rights in other spouse's
separate property residence

 

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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