[WSBARP] Tenants in Common (2) - can each claim homestead exemption

[Jeff at bellanddavispllc.com]

Thank you Bryce,

 

The deed shows X & Y as equal tenants in common.  They are not married, but
each reside in the home as their principal residence.  If each filed
separate bankruptcies, I think each can exempt their one-half up to the
maximum amount, so effectively doubling the exemption for the one piece of
property.  There must be a case out there dealing with this.

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Bryce Dille
Sent: Friday, October 20, 2023 3:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tenants in Common (2) - can each claim homestead
exemption

 

Yes see RCW 6.13.020 states if owner has a domestic partner but is not
married or in a ste registered domestic partnership the homestead may be
claimed as of any property interest the person has in the property the key
is the owners must reside there as principal residence to claim it

 

Bryce H. Dille

Dille Law, PLLC

2010 Caton Way SW Ste. 101

Olympia, WA 98502

Office: 360-350-0270

Cell: 253-579-5561

 



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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Friday, October 20, 2023 3:32 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Tenants in Common (2) - can each claim homestead exemption

 

I know this is a debtor-creditor question, but I don't belong to that
section.  Two equal tenants in common in a primary residence that both live
in.  Can each claim a homestead exemption?

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 
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