title: RCW 59.28.040

text:
Except as provided in RCW 59.28.030, all owners of federally assisted housing shall, at least twelve months before the expiration of the rental assistance contract or prepayment of a mortgage or loan, serve a written notice of the anticipated expiration or prepayment date on each tenant household residing in the housing, on the clerk of the city, or clerk of the county legislative authority if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of commerce, by regular and certified mail. All owners of federally assisted housing shall also serve written notice of the anticipated expiration or prepayment date on each tenant household that moves into the housing after the initial notice has been given, but before the expiration of the rental assistance contract or prepayment of the mortgage or loan. This notice shall be given before a new tenant is asked to execute a rental agreement or required to pay any deposits.
[ 2023 c 470 s 2104; 2002 c 30 s 3; 2000 c 255 s 3; 1995 c 399 s 160; 1989 c 188 s 4.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Notice of expiration or prepayment—Owner's duty.


doc_type: statute

jurisdiction: wa

title: RCW 59.28.050

text:
This chapter shall not in any way prohibit an owner of federally assisted housing from terminating a rental assistance contract or prepaying a mortgage or loan. The requirement in this chapter for notice shall not be construed as conferring any new or additional regulatory power upon the city or county clerk or upon the department of commerce.
[ 2023 c 470 s 2105; 1995 c 399 s 161; 1989 c 188 s 5.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Owner's rights—Public regulatory powers—Applicability.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 59.28.060

text:
(1) The notice to tenants required by RCW 59.28.040 shall state: (a) Whether the owner (i) intends to prepay the mortgage or loan or allow the rental assistance contract to expire in order to operate the housing without any low-income use restrictions, (ii) plans on renewing the rental assistance contract subject to the availability of adequate appropriations, or (iii) is seeking additional financial incentives or higher rents as a condition of remaining in the federal program; (b) the reason the owner plans on taking this action; (c) the owner's plans for the project, including any timetables or deadlines for actions to be taken by the owner and any specific federal, state, or local agency approvals that the owner is required to obtain; (d) the anticipated date of the prepayment of the mortgage or loan or expiration of the rental assistance contract; (e) the effect, if any, that prepayment of the mortgage or loan or expiration of the rental assistance contract will have upon the tenants' rent and other terms of their rental agreement; and (f) that additional information will be served on the city or county, on the local public housing agency, and on the department of commerce and will be posted at the development. The owner shall also include with the notice written information, prepared by the department of commerce under RCW 59.28.120(1), concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract.
(2) The notice to the city or county clerk and to the department of commerce required by RCW 59.28.040 shall state: (a) The name, location, and project number of the federally assisted housing and the type of assistance received from the federal government; (b) the number and size of units; (c) the age, race, family size, and estimated incomes of the tenants who will be affected by the prepayment of the loan or mortgage or expiration of the federal assistance contract; (d) the current rents and projected rent increases for each affected tenant after the prepayment of the mortgage or loan or expiration of the rental assistance contract without disclosing the identities of the affected tenants; (e) the availability and type, if any, of rental assistance after the prepayment of the mortgage or loan or expiration of the rental assistance contract; and (f) the age, race, family size, and estimated incomes of any applicants on the project's waiting list without disclosing the identities of the applicants. The owner shall attach to this notice a copy of the notice the owner sends to the tenants under this chapter.
(3) All owners of federally assisted housing shall immediately post a copy of any notices they send the city or county clerk, any public housing agency, and the department of commerce, under RCW 59.28.040, in a conspicuous place at the development where they are likely to be seen by current and prospective tenants. The notices shall be maintained intact and in legible form for twelve months from the date they are posted.
All owners of federally assisted housing shall, upon request of any state or local agency, provide the agency with a copy of any rent comparability study, market analysis, or projected budget that they submit to the United States department of housing and urban development or other federal agency in conjunction with the prepayment of their mortgage or loan or in anticipation of the expiration of their rental assistance contract, together with any physical inspection reports or capital needs assessments completed by the owner or federal agency within the last three years.
[ 2023 c 470 s 2106; 2000 c 255 s 4; 1995 c 399 s 162; 1989 c 188 s 6.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Notice of expiration or prepayment—Contents—Location—Requests for information.


title: RCW 59.28.070

text:
From the date of service of the notice under RCW 59.28.040 until either twelve months have elapsed or expiration or prepayment of the rental assistance contract or mortgage or loan, whichever is later, no owner of federally assisted housing may evict a tenant or demand possession of any federally assisted housing unit, except as authorized by the federal assistance program applicable to the project, prior to expiration or prepayment of the rental assistance contract or mortgage or loan.
[ 1989 c 188 s 7.]

catchline: Removal of tenants—Notice of expiration or prepayment—Timing.


title: RCW 59.28.080

text:
From the date of service of the notice under RCW 59.28.040 until either twelve months have elapsed or expiration or prepayment of the rental assistance contract, mortgage, or loan, whichever is later, no owner of federally assisted housing may increase the rent of a federally assisted housing unit, or the share of the rent paid by the tenant, above the amount authorized by the federal assistance program applicable to the project prior to expiration or prepayment of the rental assistance contract or mortgage or loan.
[ 2000 c 255 s 5; 1989 c 188 s 8.]

catchline: Rent increase—Notice of expiration or prepayment—Timing.


title: RCW 59.28.090

text:
From the date of service of the notice under RCW 59.28.040 until either twelve months have elapsed or expiration or prepayment of the rental assistance contract, mortgage, or loan, whichever is later, no owner of federally assisted housing may change the terms of the rental agreement, except as permitted under the existing rental agreement, prior to expiration or prepayment of the rental assistance contract or mortgage or loan.
[ 1989 c 188 s 9.]

catchline: Modification of rental agreement—Notice of expiration or prepayment—Timing.


title: RCW 59.28.100

text:
Any party who is entitled to receive notice under this chapter may bring a civil action to enjoin or recover actual damages for any violation of this chapter, together with the costs of the suit including reasonable attorneys' fees. Any tenant who is entitled to receive notice under this chapter shall also recover statutory damages of fifty dollars.
[ 2000 c 255 s 6; 1989 c 188 s 10.]

catchline: Violations—Civil actions—Parties.


title: RCW 59.28.120

text:
The department of commerce shall within ninety days after March 31, 2000, consult with all interested stakeholders and develop and provide to owners and tenants of federally assisted housing, state and local agencies, and other interested persons all of the following:
(1) Written information concerning the legal rights, responsibilities, and options of owners and tenants when an owner intends to prepay a mortgage or loan or terminate a rental assistance contract. This information shall include the name and telephone number of any qualified legal aid program that provides civil legal services to indigent persons and of any other state, regional, or local organization that can be contacted to request additional information about an owner's responsibilities and the rights and options of an affected tenant;
(2) Written information sufficient to enable an owner of federally assisted housing to comply with the notification requirements of this chapter, including the name and address of any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from federally assisted housing; and
(3) Any other information or technical assistance the department determines will further the purposes of this chapter.
[ 2023 c 470 s 2107; 2000 c 255 s 7.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Department of commerce—Develop and provide information and technical assistance.


title: RCW 59.28.130

text:
An owner of federally assisted housing who prepays the mortgage or loan or whose rental assistance contract expires and who continues to operate the property as residential housing within the scope of this chapter shall not evict a tenant residing in the dwelling unit when the mortgage or loan is prepaid or the rental assistance contract expires, except as authorized by the federal assistance program applicable to the project prior to prepayment of the mortgage or loan, or expiration of the rental assistance contract.
[ 2000 c 255 s 8.]

catchline: Eviction of tenant—Restriction.


title: RCW 59.28.902

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000].
[ 2000 c 255 s 11.]

catchline: Effective date—2000 c 255.


title: RCW 59.30.010

text:
(1) The legislature finds that there are factors unique to the relationship between a manufactured/mobile home tenant and a manufactured/mobile home community landlord. Once occupancy has commenced, the difficulty and expense in moving and relocating a manufactured/mobile home can affect the operation of market forces and lead to an inequality of the bargaining position of the parties. Once occupancy has commenced, a tenant may be subject to violations of the manufactured/mobile home landlord-tenant act without an adequate remedy at law. This chapter is created for the purpose of protecting the public, fostering fair and honest competition, and regulating the factors unique to the relationship between the manufactured/mobile home tenant and the manufactured/mobile home community landlord.
(2) The legislature finds that taking legal action against a manufactured/mobile home community landlord for violations of the manufactured/mobile home landlord-tenant act can be a costly and lengthy process, and that many people cannot afford to pursue a court process to vindicate statutory rights. Manufactured/mobile home community landlords will also benefit by having access to a process that resolves disputes quickly and efficiently.
(3)(a) Therefore, it is the intent of the legislature to provide an equitable as well as a less costly and more efficient way for manufactured/mobile home tenants and manufactured/mobile home community landlords to resolve disputes, and to provide a mechanism for state authorities to quickly locate manufactured/mobile home community landlords.
(b) The legislature intends to authorize the department of revenue to register manufactured/mobile home communities and collect a registration fee.
(c) The legislature intends to authorize the attorney general to:
(i) Produce and distribute educational materials regarding the manufactured/mobile home landlord-tenant act and the manufactured/mobile home dispute resolution program created in RCW 59.30.030;
(ii) Administer the dispute resolution program by taking complaints, conducting investigations, making determinations, issuing fines and other penalties, and participating in administrative dispute resolutions, when necessary, when there are alleged violations of the manufactured/mobile home landlord-tenant act; and
(iii) Collect and annually report upon data related to disputes and violations, and make recommendations on modifying chapter 59.20 RCW, to the appropriate committees of the legislature.
[ 2011 c 298 s 29; 2007 c 431 s 1.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Implementation—2007 c 431: "The attorney general may take the necessary steps to ensure that this act is implemented on its effective date." [ 2007 c 431 s 12.]

catchline: Findings—Purpose—Intent.


title: RCW 59.30.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Complainant" means a landlord, community owner, or tenant, who has a complaint alleging a violation of chapter 59.20 RCW.
(2) "Department" means the department of revenue.
(3) "Director" means the director of revenue.
(4) "Landlord" or "community owner" means the owner of a mobile home park or a manufactured housing community and includes the agents of a landlord.
(5) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater.
(6) "Manufactured/mobile home" means either a manufactured home or a mobile home.
(7) "Manufactured/mobile home lot" means a portion of a manufactured/mobile home community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model.
(8) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act.
(9) "Mobile home park," "manufactured housing community," or "manufactured/mobile home community" means any real property that is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models, for the primary purpose of production of income, except where the real property is rented or held out for rent for seasonal recreational purposes only and is not intended for year-round occupancy.
(10) "Owner" means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to the real property; or
(b) All or part of the beneficial ownership, and a right to present use and enjoyment of the real property.
(11) "Park model" means a recreational vehicle intended for permanent or semipermanent installation and is used as a primary residence.
(12) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a manufactured/mobile home lot.
(13) "Respondent" means a landlord, community owner, or tenant, alleged to have committed a violation of chapter 59.20 RCW.
(14) "Tenant" means any person, except a transient as defined in RCW 59.20.030, who rents a mobile home lot.
[ 2012 c 213 s 6. Prior: 2011 c 298 s 30; 2007 c 431 s 2.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Definitions.


title: RCW 59.30.030

text:
(1) The attorney general shall administer a manufactured/mobile home dispute resolution program.
(2) The purpose of the manufactured/mobile home dispute resolution program is to provide manufactured/mobile home community landlords and tenants with a cost-effective and time-efficient process to resolve disputes regarding alleged violations of the manufactured/mobile home landlord-tenant act.
(3) The attorney general under the manufactured/mobile home dispute resolution program shall:
(a) Produce educational materials regarding chapter 59.20 RCW and the manufactured/mobile home dispute resolution program, including a notice in a format that a landlord can reasonably post in a manufactured/mobile home community that summarizes tenant rights and responsibilities, includes information on how to file a complaint with the attorney general, and includes a toll-free telephone number and website address that landlords and tenants can use to seek additional information and communicate complaints;
(b) Distribute the educational materials described in (a) of this subsection to all known landlords and information alerting landlords that:
(i) All landlords must post the notice provided by the attorney general that summarizes tenant rights and responsibilities and includes information on how to file complaints, in a clearly visible location in all common areas of manufactured/mobile home communities, including in each clubhouse;
(ii) The attorney general may visually confirm that the notice is appropriately posted; and
(iii) The attorney general may issue a fine or other penalty if the attorney general discovers that the landlord has not appropriately posted the notice or that the landlord has not maintained the posted notice so that it is clearly visible to tenants;
(c) Distribute the educational materials described in (a) of this subsection to any complainants and respondents, as requested;
(d) Perform dispute resolution activities, including investigations, negotiations, determinations of violations, and imposition of fines or other penalties as described in RCW 59.30.040;
(e) Create and maintain a database of manufactured/mobile home communities that have had complaints filed against them. For each manufactured/mobile home community in the database, the following information must be contained, at a minimum:
(i) The number of complaints received;
(ii) The nature and extent of the complaints received;
(iii) The violation of law complained of; and
(iv) The manufactured/mobile home dispute resolution program outcomes for each complaint;
(f) Provide an annual report to the appropriate committees of the legislature on the data collected under this section, including program performance measures and recommendations regarding how the manufactured/mobile home dispute resolution program may be improved, by December 31st, beginning in 2007.
(4) The manufactured/mobile home dispute resolution program, including all of the duties of the attorney general under the program as described in this section, shall be funded by the collection of fines, other penalties, and fees deposited into the manufactured/mobile home dispute resolution program account created in RCW 59.30.070, and all other sources directed to the manufactured/mobile home dispute resolution program.
[ 2007 c 431 s 3.]
Notes:
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Dispute resolution program—Purpose—Attorney general duties.


title: RCW 59.30.040

text:
(1) An aggrieved party has the right to file a complaint with the attorney general alleging a violation of chapter 59.20 RCW.
(2) Upon receiving a complaint under this chapter, the attorney general must:
(a) Inform the complainant of any notification requirements under RCW 59.20.080 for tenant violations or RCW 59.20.200 for landlord violations and encourage the complainant to appropriately notify the respondent of the complaint; and
(b) If a statutory time period is applicable, inform the complainant of the time frame that the respondent has to remedy the complaint under RCW 59.20.080 for tenant violations or RCW 59.20.200 for landlord violations.
(3) After receiving a complaint under this chapter, the attorney general shall initiate the manufactured/mobile home dispute resolution program by investigating the alleged violations at its discretion and, if appropriate, facilitating negotiations between the complainant and the respondent.
(4)(a) Complainants and respondents shall cooperate with the attorney general in the course of an investigation by (i) responding to subpoenas issued by the attorney general, which may consist of providing access to papers or other documents, and (ii) providing access to the manufactured/mobile home facilities relevant to the investigation. Complainants and respondents must respond to attorney general subpoenas within thirty days.
(b) Failure to cooperate with the attorney general in the course of an investigation is a violation of this chapter.
(5) If after an investigation the attorney general determines that an agreement cannot be negotiated between the parties, the attorney general shall make a written determination on whether a violation of chapter 59.20 RCW has occurred.
(a) If the attorney general finds by a written determination that a violation of chapter 59.20 RCW has occurred, the attorney general shall deliver a written notice of violation to the respondent who committed the violation by certified mail. The notice of violation must specify the violation, the corrective action required, the time within which the corrective action must be taken, the penalties including fines, other penalties, and actions that will result if corrective action is not taken within the specified time period, and the process for contesting the determination, fines, penalties, and other actions included in the notice of violation through an administrative hearing. The attorney general must deliver to the complainant a copy of the notice of violation by certified mail.
(b) If the attorney general finds by a written determination that a violation of chapter 59.20 RCW has not occurred, the attorney general shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation must include the process for contesting the determination included in the notice of nonviolation through an administrative hearing.
(6) Corrective action must take place within fifteen business days of the respondent's receipt of a notice of violation, except as required otherwise by the attorney general, unless the respondent has submitted a timely request for an administrative hearing to contest the notice of violation as required under subsection (8) of this section. If a respondent, which includes either a landlord or a tenant, fails to take corrective action within the required time period and the attorney general has not received a timely request for an administrative hearing, the attorney general may impose a fine, up to a maximum of two hundred fifty dollars per violation per day, for each day that a violation remains uncorrected. The attorney general must consider the severity and duration of the violation and the violation's impact on other community residents when determining the appropriate amount of a fine or the appropriate penalty to impose on a respondent. If the respondent shows upon timely application to the attorney general that a good faith effort to comply with the corrective action requirements of the notice of violation has been made and that the corrective action has not been completed because of mitigating factors beyond the respondent's control, the attorney general may delay the imposition of a fine or penalty.
(7) The attorney general may issue an order requiring the respondent, or its assignee or agent, to cease and desist from an unlawful practice and take affirmative actions that in the judgment of the attorney general will carry out the purposes of this chapter. The affirmative actions may include, but are not limited to, the following:
(a) Refunds of rent increases, improper fees, charges, and assessments collected in violation of this chapter;
(b) Filing and utilization of documents that correct a statutory or rule violation; and
(c) Reasonable action necessary to correct a statutory or rule violation.
(8) A complainant or respondent may request an administrative hearing before an administrative law judge under chapter 34.05 RCW to contest:
(a) A notice of violation issued under subsection (5)(a) of this section or a notice of nonviolation issued under subsection (5)(b) of this section;
(b) A fine or other penalty imposed under subsection (6) of this section; or
(c) An order to cease and desist or an order to take affirmative actions under subsection (7) of this section.
The complainant or respondent must request an administrative hearing within fifteen business days of receipt of a notice of violation, notice of nonviolation, fine, other penalty, order, or action. If an administrative hearing is not requested within this time period, the notice of violation, notice of nonviolation, fine, other penalty, order, or action constitutes a final order of the attorney general and is not subject to review by any court or agency.
(9) If an administrative hearing is initiated, the respondent and complainant shall each bear the cost of his or her own legal expenses.
(10) The administrative law judge appointed under chapter 34.12 RCW shall:
(a) Hear and receive pertinent evidence and testimony;
(b) Decide whether the evidence supports the attorney general finding by a preponderance of the evidence; and
(c) Enter an appropriate order within thirty days after the close of the hearing and immediately mail copies of the order to the affected parties.
The order of the administrative law judge constitutes the final agency order of the attorney general and may be appealed to the superior court under chapter 34.05 RCW.
(11) When the attorney general imposes a fine, refund, or other penalty against a respondent, the respondent may not seek any recovery or reimbursement of the fine, refund, or other penalty from a complainant or from other manufactured/mobile home tenants.
(12) All receipts from the imposition of fines or other penalties collected under this section other than those due to a complainant must be deposited into the manufactured/mobile home dispute resolution program account created in RCW 59.30.070.
(13) This section is not exclusive and does not limit the right of landlords or tenants to take legal action against another party as provided in chapter 59.20 RCW or otherwise. Exhaustion of the administrative remedy provided in this chapter is not required before a landlord or tenants may bring a legal action. This section does not apply to unlawful detainer actions initiated under RCW 59.20.080 prior to the filing and service of an unlawful detainer court action; however, a tenant is not precluded from seeking relief under this chapter if the complaint claims the notice of termination violates RCW 59.20.080 prior to the filing and service of an unlawful detainer action.
[ 2007 c 431 s 4.]
Notes:
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Dispute resolution program—Complaint process.


title: RCW 59.30.050

text:
(1) The department must register all manufactured/mobile home communities, which registration must be renewed annually. Each community must be registered separately. The department must mail registration notifications to all known manufactured/mobile home community landlords. Registration information packets must include:
(a) Registration forms; and
(b) Registration assessment information, including registration due dates and late fees, and the collections procedures, liens, and charging costs to tenants.
(2) To apply for registration or registration renewal, the landlord of a manufactured/mobile home community must file with the department an application for registration or registration renewal on a form provided by the department and must pay a registration fee as described in subsection (3) of this section. The department may require the submission of information necessary to assist in identifying and locating a manufactured/mobile home community and other information that may be useful to the state, which must include, at a minimum:
(a) The names and addresses of the owners of the manufactured/mobile home community;
(b) The name and address of the manufactured/mobile home community;
(c) The name and address of the landlord and manager of the manufactured/mobile home community;
(d) The number of lots within the manufactured/mobile home community that are subject to chapter 59.20 RCW; and
(e) The addresses of each manufactured/mobile home lot within the manufactured/mobile home community that is subject to chapter 59.20 RCW.
(3) Each manufactured/mobile home community landlord must pay to the department:
(a) A one-time business license application fee for the first year of registration and, in subsequent years, an annual renewal application fee, as provided in RCW 19.02.075; and
(b) An annual registration assessment of fifteen dollars for each manufactured/mobile home that is subject to chapter 59.20 RCW within a manufactured/mobile home community. Manufactured/mobile home community landlords may charge a maximum of five dollars of this assessment to tenants. Nine dollars of the registration assessment for each manufactured/mobile home must be deposited into the manufactured/mobile home dispute resolution program account created in RCW 59.30.070 to fund the costs associated with the manufactured/mobile home dispute resolution program. One dollar of the registration assessment must be deposited into the business license account created in RCW 19.02.210. The remaining five dollars of the registration assessment must be deposited into the manufactured/mobile home park relocation fund created in RCW 59.21.050. The annual registration assessment must be reviewed once each biennium by the department and the attorney general and may be adjusted to reasonably relate to the cost of administering this chapter. The registration assessment may not exceed fifteen dollars, but if the assessment is reduced, the portion allocated to the manufactured/mobile home dispute resolution program account, the business license account, and the manufactured/mobile home park relocation fund must be adjusted proportionately.
(4) Initial registrations of manufactured/mobile home communities must be filed before November 1, 2007, or within three months of the availability of mobile home lots for rent within the community. The manufactured/mobile home community is subject to a delinquency fee of two hundred fifty dollars for late initial registrations. The delinquency fee must be deposited in the business license account. Renewal registrations that are not renewed by the expiration date as assigned by the department are subject to delinquency fees under RCW 19.02.085.
(5) Thirty days after sending late fee notices to a noncomplying landlord, the department may issue a warrant under RCW 59.30.090 for the unpaid registration assessment and delinquency fee. If a warrant is issued by the department under RCW 59.30.090, the department must add a penalty of ten percent of the amount of the unpaid registration assessment and delinquency fee, but not less than ten dollars. The warrant penalty must be deposited into the business license account created in RCW 19.02.210. Chapter 82.32 RCW applies to the collection of warrants issued under RCW 59.30.090.
(6) Registration is effective on the date determined by the department, and the department must issue a registration number to each registered manufactured/mobile home community. The department must provide an expiration date, assigned by the department, to each manufactured/mobile home community who registers.
[ 2019 c 390 s 7; 2013 c 144 s 42; 2011 c 298 s 31; 2007 c 431 s 6.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Registration process, fees.


title: RCW 59.30.060

text:
The department must have the capability to compile, update, and maintain the most accurate database possible of all the manufactured/mobile home communities in the state, which must include all of the information collected under RCW 59.30.050, except for the addresses of each manufactured/mobile home lot within the manufactured/mobile home community that is subject to chapter 59.20 RCW, which must be made available to the attorney general and the department of commerce in a format to be determined by a collaborative agreement between the department and the attorney general.
[ 2011 c 298 s 32; 2007 c 431 s 7.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Database.


title: RCW 59.30.070

text:
The manufactured/mobile home dispute resolution program account is created in the custody of the state treasurer. All receipts from sources directed to the manufactured/mobile home dispute resolution program must be deposited in the account. Expenditures from the account may be used only for the costs associated with administering the manufactured/mobile home dispute resolution program. Only the attorney general or the attorney general's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2007 c 431 s 8.]
Notes:
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Manufactured/mobile home dispute resolution program account.


title: RCW 59.30.080

text:
The attorney general, director, or individuals acting on behalf of the attorney general or director are immune from suit in any action, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this chapter, except their intentional or willful misconduct.
[ 2007 c 431 s 5.]
Notes:
Implementation—2007 c 431: See note following RCW 59.30.010.

catchline: Immunity from suit.


title: RCW 59.30.090

text:
(1) If any registration assessment or delinquency fee is not paid in full within thirty days after sending late fee notices to a noncomplying landlord, the department may issue a warrant in the amount of such unpaid sums, together with interest thereon from the date the warrant is issued until the date of payment.
(2) Interest must be computed on a daily basis on the amount of outstanding registration assessment and delinquency fee imposed under RCW 59.30.050 at the rate as computed under RCW 82.32.050(2). The rate so computed must be adjusted on the first day of January of each year for use in computing interest for that calendar year. Interest must be deposited in the business license account created in RCW 19.02.210.
(3) The department may file a copy of the warrant with the clerk of the superior court of any county of the state in which real or personal property of the owner of the manufactured/mobile home community may be found. The clerk is entitled to a filing fee under RCW 36.18.012(10). Upon filing, the clerk must enter in the judgment docket the name of the owner of the manufactured/mobile home community mentioned in the warrant and the amount of the registration assessment and delinquency fee, or portion thereof, and any increases and penalties for which the warrant is issued, and the date when the copy is filed.
(4) The amount of the warrant so docketed becomes a lien upon the title to, and interest in, all real and personal property of the owner of the manufactured/mobile home community against whom the warrant is issued the same as a judgment in a civil case duly docketed in the office of the clerk. The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in the manner provided by law in the case of judgments wholly or partially unsatisfied.
(5) The lien is not superior to bona fide interests of third persons that had vested prior to the filing of the warrant. The phrase "bona fide interests of third persons" does not include any mortgage of real or personal property or any other credit transaction that results in the mortgagee or the holder of the security acting as trustee for unsecured creditors of the owner of the manufactured/mobile home community mentioned in the warrant who executed the chattel or real property mortgage or the document evidencing the credit transaction.
[ 2013 c 144 s 43; 2011 c 298 s 33.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.

catchline: Unpaid fees—Warrant—Interest—Lien.


title: RCW 6.01.010

text:
Except as otherwise expressly provided, the provisions of this chapter and of chapters 6.13, 6.15, 6.17, 6.19, 6.21, 6.25, 6.26, and 6.27 RCW and chapter 6.32 RCW apply to both the superior courts and district courts of this state. If proceedings are before a district court, acts to be performed by the clerk may be performed by a district court judge if there is no clerk. As used in this title, "sheriff" includes deputies, and "execution docket" refers also to the docket of a district court.
[ 1987 c 442 s 101.]

catchline: Application of chapters in Title 6 RCW to superior courts and district courts—Definitions.


title: RCW 6.01.020

text:
For purposes of this title and RCW 4.56.190 and 4.56.210, a judgment of a superior court is entered when it is delivered to the clerk's office for filing. A judgment of a district court of this state is entered on the date of the entry of the judgment in the docket of the court. A judgment of a small claims department of a district court of this state is entered on the date of the entry in the docket of that department.
[ 1987 c 442 s 102.]
Notes:
Rules of court: Cf. CR 58(b).

catchline: Entry of judgment—Superior court—District court—Small claims.


title: RCW 6.01.030

text:
If the sheriff is a party or otherwise interested in an action in which a writ of execution, attachment, or replevin is to be served, the writ shall be directed to the coroner of the county, or the officer exercising the powers and performing the duties of coroner if there is no coroner, and the person to whom the writ is thus directed shall perform the duties of the sheriff.
[ 1987 c 442 s 103.]

catchline: Direction of writ when sheriff a party.


title: RCW 6.01.040

text:
(1) When property liable to an execution against several persons is sold on execution, if more than a due proportion of the judgment is levied upon the property of one person, or one of them pays without a sale more than his or her due proportion, that person may compel contribution from the others. When a judgment against several persons is upon an obligation or contract of one of them as security for another, if the surety pays the full amount or any part of the judgment, either by sale of the surety's property or before sale, the surety may compel repayment from the principal.
(2) In either case covered by subsection (1) of this section, the person or surety so paying shall be entitled to the benefit of the judgment to enforce contribution or repayment, if within thirty days after the payment, notice of the payment and claim to contribution or repayment is filed with the clerk of the court where the judgment was rendered.
(3) Upon filing such notice, the clerk shall make an entry thereof in the docket where the judgment is entered.
[ 1987 c 442 s 104.]

catchline: Execution against several persons—Contribution—Repayment.


title: RCW 6.01.050

text:
If, before levying under a writ of attachment or execution, a sheriff receives notice that the defendant has become a debtor in a bankruptcy case, the sheriff shall immediately give written notice of that fact to the plaintiff's attorney of record, if any, otherwise to the plaintiff, and shall not be bound to levy under the writ. If, after levying on property under a writ of attachment or execution, a sheriff receives such notice, the sheriff shall give written notice of the attachment or execution, describing the property seized, to the trustee in the bankruptcy case if there is one, otherwise to the bankruptcy court, with a copy to the plaintiff's attorney of record, if any, otherwise to the plaintiff, and shall transfer the property to the trustee on demand or as the bankruptcy court otherwise directs. If no demand is made on the sheriff for surrender of the property and the sheriff thereafter receives notice of the closing of the bankruptcy case, the sheriff shall give written notice by first-class mail to the plaintiff's attorney of record, if any, otherwise to the plaintiff, requiring that the plaintiff release the property or obtain a renewal of the writ from the court, and, if the plaintiff fails to release the property or to apply for a renewal within fourteen days after the mailing of the sheriff's notice, the sheriff shall release the property to the defendant.
[ 1988 c 231 s 2.]
Notes:
Severability—1988 c 231: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 231 s 38.]

catchline: Writ of attachment or execution against debtor in bankruptcy.


title: RCW 6.01.060

text:
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
(1) "Certified mail" includes, for mailings to a foreign country, any form of mail that requires or permits a return receipt.
(2) "Consumer debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes. Consumer debt includes medical debt.
(3) "Medical debt" has the same meaning as provided in RCW 19.16.100.
(4) "Private student loan" means any loan not guaranteed by the federal or state government that is used solely for personal use to finance postsecondary education and costs of attendance at an educational institution. A private student loan includes a loan made solely to refinance a private student loan. A private student loan does not include an extension of credit made under an open-end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling.
(5) "Public auction sale by electronic media" has the same meaning as provided in RCW 36.16.145.
[ 2021 c 122 s 9. Prior: 2019 c 371 s 2; 2019 c 227 s 1; 2018 c 199 s 202; 1988 c 231 s 1.]
Notes:
Finding—Intent—2021 c 122: See note following RCW 2.32.050.
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Severability—1988 c 231: See note following RCW 6.01.050.


title: RCW 6.13.010

text:
(1) The homestead consists of real or personal property that the owner or a dependent of 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, regardless of area, 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 or a dependent of the 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:
(a) "Owner" includes but is not limited to a purchaser under a deed of trust, mortgage, or real estate contract.
(b) "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.
(c) "Forced sale" includes any sale of homestead property in a bankruptcy proceeding under Title 11 of the United States Code. The reinvestment provisions of RCW 6.13.070 do not apply to the proceeds.
(d) "Dependent" has the meaning given in Title 11 U.S.C. Sec. 522(a)(1).
[ 2021 c 290 s 2; 1999 c 403 s 1; 1993 c 200 s 1; 1987 c 442 s 201; 1981 c 329 s 7; 1945 c 196 s 1; 1931 c 88 s 1; 1927 c 193 s 1; 1895 c 64 s 1; Rem. Supp. 1945 s 528. Formerly RCW 6.12.010.]
Notes:
Findings—2021 c 290: "The legislature finds that the homestead exemption is intended to protect the homeowner's equity in a home against unsecured creditors. The legislature finds that changes to the homestead exemption are necessary to modernize the law and to address the case of Wilson v. Rigby, 909 F.3d 306 (2018) and to adopt the reasoning in In re Good, 588 B.R. 573 (Bankr. W.D. Wash. 2018)." [ 2021 c 290 s 1.]
Effective date—2021 c 290: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2021]." [ 2021 c 290 s 8.]
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Homestead, what constitutes—Terms defined.


title: RCW 6.13.020

text:
If the owner is married or in a state registered domestic partnership, the homestead may consist of the community or jointly owned property of the spouses or the domestic partners or the separate property of either spouse or either domestic partner: PROVIDED, That the same premises may not be claimed separately by the spouses or domestic partners with the effect of increasing the net value of the homestead available to the marital community or state registered domestic partnership beyond the amount specified in RCW 6.13.030 as now or hereafter amended. When the owner is not married or not in a state registered domestic partnership, the homestead may consist of any of his or her property.
[ 2008 c 6 s 633; 1987 c 442 s 202; 1981 c 329 s 8; 1977 ex.s. c 98 s 1; 1973 1st ex.s. c 154 s 6; 1895 c 64 s 2; RRS s 530. Formerly RCW 6.12.020.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Homestead—What may constitute.


title: RCW 6.13.030

text:
(1) The homestead exemption amount is the greater of:
(a) $125,000;
(b) The county median sale price of a single-family home in the preceding calendar year; or
(c) Where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, no dollar limit.
(2) In determining the county median sale price of a single-family home in the preceding year, a court shall use data from the Washington center for real estate research or, if the Washington center no longer provides the data, a successor entity designated by the office of financial management.
[ 2021 c 290 s 3; 2007 c 429 s 1; 1999 c 403 s 4; 1993 c 200 s 2; 1991 c 123 s 2; 1987 c 442 s 203; 1983 1st ex.s. c 45 s 4; 1981 c 329 s 10; 1977 ex.s. c 98 s 3; 1971 ex.s. c 12 s 1; 1955 c 29 s 1; 1945 c 196 s 3; 1895 c 64 s 24; Rem. Supp. 1945 s 552. Formerly RCW 6.12.050.]
Notes:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Purpose—1991 c 123: "The legislature recognizes that retired persons generally are financially dependent on fixed pension or retirement benefits and passive income from investment property. Because of this dependency, retired persons are more vulnerable than others to inflation and depletion of their assets. It is the purpose of this act to increase the protection of income of retired persons residing in the state of Washington from collection of income taxes imposed by other states." [ 1991 c 123 s 1.]
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1971 ex.s. c 12: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 12 s 5.]

catchline: Homestead exemption amount.


title: RCW 6.13.040

text:
(1) Property described in RCW 6.13.010 constitutes a homestead and is automatically protected by the exemption described in RCW 6.13.070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required by the following subsections are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as prescribed in RCW 6.15.060(3)(c) or, if the homestead is any other personal property, from and after the delivery of a declaration as prescribed in RCW 6.15.060(3)(d).
(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recording officer in the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recording officer in the county in which the land is located.
(3) The declaration of homestead must contain:
(a) A statement that the person making it is residing on the premises or intends to reside thereon and claims them as a homestead;
(b) A legal description of the premises; and
(c) An estimate of their actual cash value.
(4) The declaration of abandonment must contain:
(a) A statement that premises occupied as a residence or claimed as a homestead no longer constitute the owner's homestead;
(b) A legal description of the premises; and
(c) A statement of the date of abandonment.
(5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.
[ 1993 c 200 s 3; 1987 c 442 s 204; 1981 c 329 s 9. Formerly RCW 6.12.045.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Automatic homestead exemption—Conditions—Declaration of homestead—Declaration of abandonment.


title: RCW 6.13.050

text:
A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six months. However, if an owner is going to be absent from the homestead for more than six months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recording officer of the county in which the property is situated.
The declaration of nonabandonment of homestead must contain:
(1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;
(2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner's absence, and the reason for the absence; and
(3) A legal description of the homestead property.
[ 1987 c 442 s 205; 1981 c 329 s 14; 1895 c 64 s 7; RRS s 535. Formerly RCW 6.12.120.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Homestead presumed abandoned, when—Declaration of nonabandonment.


title: RCW 6.13.060

text:
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. The conveyance or encumbrance of the homestead does not require that any dependent of the owner who is not a spouse or domestic partner execute and acknowledge the instrument by which it is conveyed or encumbered.
[ 2021 c 290 s 4; 2008 c 6 s 634; 1987 c 442 s 206; 1983 c 251 s 1; 1895 c 64 s 6; RRS s 534. Formerly RCW 6.12.110.]
Notes:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Married persons and domestic partners, property: Chapter 26.16 RCW.

catchline: Conveyance or encumbrance by spouses or domestic partners.


title: RCW 6.13.070

text:
(1) Except as provided in RCW 6.13.080, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in RCW 6.13.030.
(2) In a bankruptcy case, the debtor's exemption shall be determined on the date the bankruptcy petition is filed. If the value of the debtor's interest in homestead property on the petition date is less than or equal to the amount that can be exempted under RCW 6.13.030, then the debtor's entire interest in the property, including the debtor's right to possession and interests of no monetary value, is exempt. Any appreciation in the value of the debtor's exempt interest in the property during the bankruptcy case is also exempt, even if in excess of the amounts in RCW 6.13.030(1).
(3) The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in RCW 6.13.030, shall likewise be exempt for one year from receipt, and also such new homestead acquired with such proceeds.
(4) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county or district in which the homestead is situated.
[ 2021 c 290 s 5; 1987 c 442 s 207; 1981 c 329 s 13; 1945 c 196 s 2; 1927 c 193 s 2; 1895 c 64 s 4; Rem. Supp. 1945 s 532. Formerly RCW 6.12.090.]
Notes:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Homestead exempt from execution, when—Presumed valid.


title: RCW 6.13.080

text:
The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained:
(1) On debts secured by mechanic's, laborer's, construction, maritime, automobile repair, material supplier's, or vendor's liens arising out of and against the particular property claimed as a homestead;
(2) On debts secured:
(a) By security agreements describing as collateral the property that is claimed as a homestead; or
(b) By mortgages or deeds of trust on the premises that have been executed and acknowledged by both spouses or both domestic partners or by any claimant not married or in a state registered domestic partnership. The execution and acknowledgment of a mortgage or deed of trust by a dependent who is not a spouse or domestic partner is not required;
(3) On one spouse's or one domestic partner's or the community's debts existing at the time of that spouse's or that domestic partner's bankruptcy filing where (a) bankruptcy is filed by both spouses or both domestic partners within a six-month period, other than in a joint case or a case in which their assets are jointly administered, and (b) the other spouse or other domestic partner exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d);
(4) On debts arising from a lawful court order or decree or administrative order establishing a child support obligation or obligation to pay maintenance;
(5) On debts owing to the state of Washington for recovery of medical assistance correctly paid on behalf of an individual consistent with 42 U.S.C. Sec. 1396p;
(6) On debts secured by a condominium, homeowners', or common interest community association's lien; or
(7) On debts owed for taxes collected under chapters 82.08, 82.12, and 82.14 RCW but not remitted to the department of revenue.
[ 2021 c 290 s 6; 2019 c 238 s 215; 2018 c 277 s 501; 2013 c 23 s 2; 2008 c 6 s 635; 2007 c 429 s 2; 2005 c 292 s 4; 1993 c 200 s 4. Prior: 1988 c 231 s 3; 1988 c 192 s 1; 1987 c 442 s 208; 1984 c 260 s 16; 1982 c 10 s 1; prior: 1981 c 304 s 17; 1981 c 149 s 1; 1909 c 44 s 1; 1895 c 64 s 5; RRS s 533. Formerly RCW 6.12.100.]
Notes:
Findings—Effective date—2021 c 290: See notes following RCW 6.13.010.
Effective date—2018 c 277: See RCW 64.90.910.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1982 c 10: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 10 s 19.]
Severability—1981 c 304: See note following RCW 26.16.030.

catchline: Homestead exemption, when not available.


title: RCW 6.13.090

text:
A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recording officer of the county where the property is located. However, if a judgment of a district court of this state has been transferred to a superior court, the judgment becomes a lien from the time of recording with such recording officer a duly certified abstract of the record of such judgment as it appears in the office of the clerk in which the transfer was originally filed. A department of revenue tax warrant filed pursuant to RCW 82.32.210 shall become a lien on the value of the homestead property in excess of the homestead exemption from the time of filing in superior court.
[ 2007 c 429 s 3; 1988 c 231 s 4; 1987 c 442 s 209; 1984 c 260 s 30. Formerly RCW 6.12.105.]
Notes:
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Judgment against homestead owner—Lien on excess value of homestead property.


title: RCW 6.13.100

text:
When execution for the enforcement of a judgment obtained in a case not within the classes enumerated in RCW 6.13.080 is levied upon the homestead, the judgment creditor shall apply to the superior court of the county in which the homestead is situated for the appointment of a person to appraise the value thereof.
[ 1987 c 442 s 210; 1895 c 64 s 9; RRS s 537. Formerly RCW 6.12.140.]

catchline: Execution against homestead—Application for appointment of appraiser.


title: RCW 6.13.110

text:
The application under RCW 6.13.100 must be made by filing a verified petition, showing:
(1) The fact that an execution has been levied upon the homestead.
(2) The name of the owner of the homestead property.
(3) That the net value of the homestead exceeds the amount of the homestead exemption.
[ 1987 c 442 s 211; 1981 c 329 s 15; 1895 c 64 s 10; RRS s 538. Formerly RCW 6.12.150.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Application under RCW 6.13.100 must be made by verified petition—Contents.


title: RCW 6.13.120

text:
A copy of the petition, with a notice of the time and place of hearing, must be served upon the owner and the owner's attorney of record, if any, at least ten days before the hearing.
[ 1987 c 442 s 212; 1981 c 329 s 16; 1895 c 64 s 12; RRS s 540. Formerly RCW 6.12.170.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Notice.


title: RCW 6.13.130

text:
At the hearing, the judge may, upon the proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint a disinterested qualified person of the county to appraise the value of the homestead.
[ 1987 c 442 s 213; 1984 c 118 s 1; 1895 c 64 s 13; RRS s 541. Formerly RCW 6.12.180.]
Notes:
Compensation of appraiser: RCW 6.13.190.

catchline: Hearing—Appointment of appraiser.


title: RCW 6.13.140

text:
The person appointed, before entering upon the performance of duties, must take an oath to faithfully perform the same. The appraiser must view the premises and appraise the market value thereof and, if the appraised value, less all liens and encumbrances, exceeds the homestead exemption, must determine whether the land claimed can be divided without material injury. Within fifteen days after appointment, the appraiser must make to the court a report in writing, which report must show the appraised value, less liens and encumbrances, and, if necessary, the determination whether or not the land can be divided without material injury and without violation of any governmental restriction.
[ 1987 c 442 s 214; 1895 c 64 s 14; RRS s 542. Formerly RCW 6.12.190.]

catchline: Appraiser—Oath—Duties.


title: RCW 6.13.150

text:
If, from the report, it appears to the court that the value of the homestead, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the homestead exemption and the property can be divided without material injury and without violation of any governmental restriction, the court may, by an order, direct the appraiser to set off to the owner so much of the land, including the residence, as will amount in net value to the homestead exemption, and the execution may be enforced against the remainder of the land.
[ 1999 c 403 s 2; 1987 c 442 s 215; 1981 c 329 s 17; 1895 c 64 s 17; RRS s 545. Formerly RCW 6.12.220.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Division of homestead.


title: RCW 6.13.160

text:
If, from the report, it appears to the court that the appraised value of the homestead property, less liens and encumbrances senior to the judgment being executed upon and not including the judgment being executed upon, exceeds the amount of the homestead exemption and the property is not divided, the court must make an order directing its sale under the execution. The order shall direct that at such sale no bid may be received unless it exceeds the amount of the homestead exemption.
[ 1999 c 403 s 3; 1987 c 442 s 216; 1981 c 329 s 18; 1895 c 64 s 18; RRS s 546. Formerly RCW 6.12.230.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Sale, if not divisible.


title: RCW 6.13.170

text:
If the sale is made, the proceeds must be applied in the following order: First, to the amount of the homestead exemption, to be paid to the judgment debtor; second, up to the amount of the execution, to be applied to the satisfaction of the execution; third, the balance to be paid to the judgment debtor.
[ 1987 c 442 s 217; 1981 c 329 s 19; 1895 c 64 s 20; RRS s 548. Formerly RCW 6.12.250.]
Notes:
Severability—1981 c 329: See note following RCW 6.21.020.

catchline: Application of proceeds.


title: RCW 6.13.180

text:
The money paid to the owner is entitled to the same protection against legal process and the voluntary disposition of the other spouse or other domestic partner which the law gives to the homestead.
[ 2008 c 6 s 636; 1987 c 442 s 218; 1981 c 329 s 20; 1973 1st ex.s. c 154 s 10; 1895 c 64 s 21; RRS s 549. Formerly RCW 6.12.260.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Severability—1981 c 329: See note following RCW 6.21.020.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Money from sale protected.


title: RCW 6.13.190

text:
The court shall determine a reasonable compensation for the appraiser.
[ 1987 c 442 s 219; 1984 c 118 s 2; 1895 c 64 s 22; RRS s 550. Formerly RCW 6.12.270.]

catchline: Appraiser—Compensation.


title: RCW 6.13.200

text:
The execution creditor must pay the costs of these proceedings in the first instance; but in the cases provided for in RCW 6.13.150 and 6.13.160 the amount so paid must be added as costs on execution, and collected accordingly.
[ 1987 c 442 s 220; 1895 c 64 s 23; RRS s 551. Formerly RCW 6.12.280.]

catchline: Costs.


title: RCW 6.13.210

text:
In case of a homestead, if either spouse or either domestic partner shall be or become incompetent or disabled to such a degree that he or she is unable to assist in the management of his or her interest in the property of the marriage or domestic partnership and no guardian has been appointed, upon application of the other spouse or other domestic partner to the superior court of the county in which the homestead is situated, and upon due proof of such incompetency or disability in the severity required above, the court may make an order permitting the spouse or the domestic partner applying to the court to sell and convey or mortgage such homestead.
[ 2008 c 6 s 637; 1987 c 442 s 221; 1977 ex.s. c 80 s 4; 1895 c 64 s 26; RRS s 554. Formerly RCW 6.12.300.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Alienation in case of incompetency or disability of either spouse or either domestic partner.


title: RCW 6.13.220

text:
Notice of the application for such order shall be given by publication of the same in a newspaper published in the county in which such homestead is situated, if there be a newspaper published therein, once each week for three successive weeks prior to the hearing of such application, and a copy of such notice shall be served upon the alleged incompetent spouse or domestic partner personally, and upon the nearest relative of such incompetent or disabled spouse or domestic partner other than the applicant, resident in this state, at least three weeks prior to such application being heard, and in case there be no such relative known to the applicant, a copy of such notice shall be served upon the prosecuting attorney of the county in which such homestead is situated; and it is hereby made the duty of such prosecuting attorney, upon being served with a copy of such notice, to appear in court and see that such application is made in good faith, and that the proceedings thereon are fairly conducted.
[ 2008 c 6 s 638; 1987 c 442 s 222; 1977 ex.s. c 80 s 5; 1895 c 64 s 27; RRS s 555. Formerly RCW 6.12.310.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Notice of application for order.


title: RCW 6.13.230

text:
Thirty days before the hearing of any application under the provisions of this chapter, the applicant shall present and file in the court in which such application is to be heard a petition for the order mentioned, subscribed and sworn to by the applicant, setting forth the name and age of the alleged incompetent or disabled spouse or domestic partner; a description of the premises constituting the homestead; the value of the same; the county in which it is situated; such facts necessary to show that the nonpetitioning spouse or domestic partner is incompetent or disabled to the degree required under RCW 6.13.210; and such additional facts relating to the circumstances and necessities of the applicant and his or her family as he or she may rely upon in support of the petition.
[ 2008 c 6 s 639; 1987 c 442 s 223; 1977 ex.s. c 80 s 6; 1895 c 64 s 28; RRS s 556. Formerly RCW 6.12.320.]
Notes:
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Petition.


title: RCW 6.13.240

text:
If the court shall make the order provided for in RCW 6.13.210, the same shall be entered upon the minutes of the court, and thereafter any sale, conveyance, or mortgage made in pursuance of such order shall be as valid and effectual as if the property affected thereby was the absolute property of the person making such sale, conveyance, or mortgage in fee simple.
[ 1987 c 442 s 224; 1895 c 64 s 29; RRS s 557. Formerly RCW 6.12.330.]

catchline: Order—Effect.


title: RCW 6.15.010

text:
(1) Except as provided in RCW 6.15.050, the following personal property is exempt from execution, attachment, and garnishment:
(a) All wearing apparel of every individual and family, but not to exceed $3,500 in value in furs, jewelry, and personal ornaments for any individual.
(b) All private libraries including electronic media, which includes audiovisual, entertainment, or reference media in digital or analogue format, of every individual, but not to exceed $3,500 in value, and all family pictures and keepsakes.
(c) A cell phone, personal computer, and printer.
(d) To each individual or, as to community property of spouses maintaining a single household as against a creditor of the community, to the community, provided that each spouse is entitled to his or her own exemptions in this subsection (1)(d):
(i) All household goods, appliances, furniture, and home and yard equipment, not to exceed $6,500 in value for the individual, said amount to include provisions and fuel for comfortable maintenance;
(ii) In a bankruptcy case, any other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed $10,000 in value. The value shall be determined as of the date the bankruptcy petition is filed;
(iii)(A) Other than in a bankruptcy case as described in (d)(ii) of this subsection, other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed $3,000 in value, of which not more than:
(I) For all debts except private student loan debt and consumer debt, $500 in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. The maximum exemption under this subsection (1)(d)(iii)(A)(I) shall be automatically protected and may not exceed $500, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities.
(II) For all private student loan debt, $2,500 in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. $1,000 in value shall be automatically protected. The maximum exemption under this subsection (1)(d)(iii)(A)(II) may not exceed $2,500, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities.
(III) For all consumer debt, $2,000 in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities. The maximum exemption under this subsection (1)(d)(iii)(A)(III) shall be automatically protected and may not exceed $2,000, regardless of the number of existing separate bank accounts, savings and loan accounts, stocks, bonds, or other securities.
(B) Beginning July 1, 2027, the dollar amounts in this subsection (1)(d)(iii) shall be adjusted and published every three years by the department of revenue to:
(I) Reflect the change in the consumer price index for all urban consumers, published by the United States department of labor, for the most recent three-year period; and
(II) Round to the nearest $25 the dollar amount that represents such change;
(iv) A motor vehicle not to exceed $15,000 in aggregate value;
(v) Any past due, current, or future child support, alimony, or spousal support paid or owed to the debtor, which can be traced;
(vi) All professionally prescribed health aids for the debtor or a dependent of the debtor;
(vii) To any individual, the right to or proceeds of a payment not to exceed twenty thousand dollars on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and
(viii) In a bankruptcy case, the right to or proceeds of personal injury of the debtor or an individual of whom the debtor is a dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent are free of the enforcement of the claims of creditors, except to the extent such claims are for the satisfaction of any liens or subrogation claims arising out of the claims for personal injury or death. The exemption under this subsection (1)(d)(viii) does not apply to the right of the state of Washington, or any agent or assignee of the state, as a lienholder or subrogee under RCW 43.20B.060.
(e) To any individual, the tools, instruments, materials, and supplies used to carry on his or her trade not to exceed $15,000 in value.
(f) Tuition units, under chapter 28B.95 RCW, purchased more than two years prior to the date of a bankruptcy filing or court judgment, and contributions to any other qualified tuition program under 26 U.S.C. Sec. 529 of the internal revenue code of 1986, as amended, and to a Coverdell education savings account, also known as an education individual retirement account, under 26 U.S.C. Sec. 530 of the internal revenue code of 1986, as amended, contributed more than two years prior to the date of a bankruptcy filing or court judgment.
(2) For purposes of this section, "value" means the reasonable market value of the debtor's interest in an article or item at the time it is selected for exemption, exclusive of all liens and encumbrances thereon.
(3) In the case of married persons, each spouse is entitled to the exemptions provided in this section, which may be combined with the other spouse's exemption in the same property or taken in different exempt property.
[ 2025 c 391 s 1; 2023 c 393 s 2; 2023 c 393 s 1; 2021 c 50 s 2; 2019 c 371 s 3; 2018 c 199 s 203; 2012 c 117 s 2; 2011 c 162 s 2; 2005 c 272 s 6; 2002 c 265 s 1; 1991 c 112 s 1; 1988 c 231 s 5; 1987 c 442 s 301; 1983 1st ex.s. c 45 s 8; 1979 ex.s. c 65 s 1; 1973 1st ex.s. c 154 s 13; 1965 c 89 s 1; 1886 p 96 s 1; Code 1881 s 347; 1879 p 157 s 1; 1877 p 73 s 351; 1869 p 87 s 343; 1854 p 178 s 253; RRS s 563. Formerly RCW 6.16.020.]
Notes:
Reviser's note: This section was amended by 2023 c 393 s 2 and by 2025 c 391 s 1, each without reference to the other, but resulting in identical text and periods of effectiveness. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2).
Effective date—2025 c 391: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025." [ 2025 c 391 s 6.]
Effective date—2023 c 393 s 2: "Section 2 of this act takes effect July 1, 2025." [ 2023 c 393 s 7.]
Findings—Intent—2021 c 50: "The legislature has previously recognized that garnishees have no responsibility for the situation leading to the garnishment of a debtor's wages, funds, or other property, but that the garnishment process is necessary for the enforcement of obligations. The legislature has further recognized the importance of reducing or offsetting the administrative burden on the garnishee to the extent that that can be accomplished consistent with the goal of effectively enforcing debtors' unpaid obligations. At the same time, debtors must be afforded the exemptions to which they are statutorily entitled and protected from garnishments that violate Washington law.
By establishing automatic exemption amounts and specifying when and how much a garnishee bank is required to hold and release, the legislature intends to ease the burden on garnishees while protecting debtors from situations in which the entirety of their bank accounts are frozen before they have any opportunity to assert certain rightful exemptions." [ 2021 c 50 s 1.]
Findings—Intent—Short title—2018 c 199: See notes following RCW 67.08.100.
Severability—1988 c 231: See note following RCW 6.01.050.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Exempt property.


title: RCW 6.15.020

text:
(1) It is the policy of the state of Washington to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Washington under 11 U.S.C. Sec. 522(b)(2), the exemptions in this section relating to retirement benefits are provided.
(2) Unless otherwise provided by federal law, any money received by any citizen of the state of Washington as a pension from the government of the United States, whether the same be in the actual possession of such person or be deposited or loaned, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever, and when a debtor dies, or absconds, and leaves his or her family any money exempted by this subsection, the same shall be exempt to the family as provided in this subsection. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW.
(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Washington under any employee benefit plan, and any fund created by such a plan or arrangement, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for such orders under the plan, or, in the case of benefits payable under a plan described in 26 U.S.C. Sec. 403(b) or 408 of the internal revenue code of 1986, as amended, or section 409 of such code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support. This subsection does not prohibit actions against an employee benefit plan, or fund for valid obligations incurred by the plan or fund for the benefit of the plan or fund.
(4) For the purposes of this section, the term "employee benefit plan" means any plan or arrangement that is described in RCW 49.64.020, including any Keogh plan, whether funded by a trust or by an annuity contract, and in 26 U.S.C. Sec. 401(a) or 403(a) of the internal revenue code of 1986, as amended; or that is a tax-sheltered annuity or a custodial account described in section 403(b) of such code or an individual retirement account or an individual retirement annuity described in section 408 of such code; or a Roth individual retirement account described in section 408A of such code; or a medical savings account or a health savings account described in sections 220 and 223, respectively, of such code; or a retirement bond described in section 409 of such code as in effect before January 1, 1984. The term "employee benefit plan" shall not include any employee benefit plan that is established or maintained for its employees by the government of the United States, by the state of Washington under chapter 2.10, 2.12, 41.26, 41.32, 41.34, 41.35, 41.37, 41.40, or 43.43 RCW or RCW 41.50.770, or by any agency or instrumentality of the government of the United States.
(5) An employee benefit plan shall be deemed to be a spendthrift trust, regardless of the source of funds, the relationship between the trustee or custodian of the plan and the beneficiary, or the ability of the debtor to withdraw or borrow or otherwise become entitled to benefits from the plan before retirement. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for such orders under the plan, or, in the case of benefits payable under a plan described in 26 U.S.C. Sec. 403(b) or 408 of the internal revenue code of 1986, as amended, or section 409 of such code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support.
(6) Unless prohibited by federal law, nothing contained in subsection (3), (4), or (5) of this section shall be construed as a termination or limitation of a spouse's community property interest in an employee benefit plan held in the name of or on account of the other spouse, who is the participant or the account holder spouse. Unless prohibited by applicable federal law, at the death of the nonparticipant, nonaccount holder spouse, the nonparticipant, nonaccount holder spouse may transfer or distribute the community property interest of the nonparticipant, nonaccount holder spouse in the participant or account holder spouse's employee benefit plan to the nonparticipant, nonaccount holder spouse's estate, testamentary trust, inter vivos trust, or other successor or successors pursuant to the last will of the nonparticipant, nonaccount holder spouse or the law of intestate succession, and that distributee may, but shall not be required to, obtain an order of a court of competent jurisdiction, including a nonjudicial binding agreement or order entered under chapter 11.96A RCW, to confirm the distribution. For purposes of subsection (3) of this section, the distributee of the nonparticipant, nonaccount holder spouse's community property interest in an employee benefit plan shall be considered a person entitled to the full protection of subsection (3) of this section. The nonparticipant, nonaccount holder spouse's consent to a beneficiary designation by the participant or account holder spouse with respect to an employee benefit plan shall not, absent clear and convincing evidence to the contrary, be deemed a release, gift, relinquishment, termination, limitation, or transfer of the nonparticipant, nonaccount holder spouse's community property interest in an employee benefit plan. For purposes of this subsection, the term "nonparticipant, nonaccount holder spouse" means the spouse of the person who is a participant in an employee benefit plan or in whose name an individual retirement account is maintained. As used in this subsection, an order of a court of competent jurisdiction entered under chapter 11.96A RCW includes an agreement, as that term is used under RCW 11.96A.220.
[ 2026 c 238 s 804; 2011 c 162 s 3; 2007 c 492 s 1. Prior: 1999 c 81 s 1; 1999 c 42 s 603; 1997 c 20 s 1; 1990 c 237 s 1; 1989 c 360 s 21; 1988 c 231 s 6; prior: 1987 c 64 s 1; 1890 p 88 s 1; RRS s 566. Formerly RCW 6.16.030.]
Notes:
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1990 c 237: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 237 s 2.]
Severability—1988 c 231: See note following RCW 6.01.050.
PDF
RCW 6.15.020
Pension money exempt—Exceptions—Transfer of spouse's interest in employee benefit plan. (Effective June 30, 2029.)
(1) It is the policy of the state of Washington to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Washington under 11 U.S.C. Sec. 522(b)(2), the exemptions in this section relating to retirement benefits are provided.
(2) Unless otherwise provided by federal law, any money received by any citizen of the state of Washington as a pension from the government of the United States, whether the same be in the actual possession of such person or be deposited or loaned, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever, and when a debtor dies, or absconds, and leaves his or her family any money exempted by this subsection, the same shall be exempt to the family as provided in this subsection. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW.
(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Washington under any employee benefit plan, and any fund created by such a plan or arrangement, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for such orders under the plan, or, in the case of benefits payable under a plan described in 26 U.S.C. Sec. 403(b) or 408 of the internal revenue code of 1986, as amended, or section 409 of such code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support. This subsection does not prohibit actions against an employee benefit plan, or fund for valid obligations incurred by the plan or fund for the benefit of the plan or fund.
(4) For the purposes of this section, the term "employee benefit plan" means any plan or arrangement that is described in RCW 49.64.020, including any Keogh plan, whether funded by a trust or by an annuity contract, and in 26 U.S.C. Sec. 401(a) or 403(a) of the internal revenue code of 1986, as amended; or that is a tax-sheltered annuity or a custodial account described in section 403(b) of such code or an individual retirement account or an individual retirement annuity described in section 408 of such code; or a Roth individual retirement account described in section 408A of such code; or a medical savings account or a health savings account described in sections 220 and 223, respectively, of such code; or a retirement bond described in section 409 of such code as in effect before January 1, 1984. The term "employee benefit plan" shall not include any employee benefit plan that is established or maintained for its employees by the government of the United States, by the state of Washington under chapter 2.10, 2.12, 41.26, 41.26A, 41.32, 41.34, 41.35, 41.37, 41.40, or 43.43 RCW or RCW 41.50.770, or by any agency or instrumentality of the government of the United States.
(5) An employee benefit plan shall be deemed to be a spendthrift trust, regardless of the source of funds, the relationship between the trustee or custodian of the plan and the beneficiary, or the ability of the debtor to withdraw or borrow or otherwise become entitled to benefits from the plan before retirement. This subsection shall not apply to child support collection actions issued under chapter 26.18, 26.23, or 74.20A RCW, if otherwise permitted by federal law, or to collection actions for taxes imposed under Title 82A RCW. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for such orders under the plan, or, in the case of benefits payable under a plan described in 26 U.S.C. Sec. 403(b) or 408 of the internal revenue code of 1986, as amended, or section 409 of such code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support.
(6) Unless prohibited by federal law, nothing contained in subsection (3), (4), or (5) of this section shall be construed as a termination or limitation of a spouse's community property interest in an employee benefit plan held in the name of or on account of the other spouse, who is the participant or the account holder spouse. Unless prohibited by applicable federal law, at the death of the nonparticipant, nonaccount holder spouse, the nonparticipant, nonaccount holder spouse may transfer or distribute the community property interest of the nonparticipant, nonaccount holder spouse in the participant or account holder spouse's employee benefit plan to the nonparticipant, nonaccount holder spouse's estate, testamentary trust, inter vivos trust, or other successor or successors pursuant to the last will of the nonparticipant, nonaccount holder spouse or the law of intestate succession, and that distributee may, but shall not be required to, obtain an order of a court of competent jurisdiction, including a nonjudicial binding agreement or order entered under chapter 11.96A RCW, to confirm the distribution. For purposes of subsection (3) of this section, the distributee of the nonparticipant, nonaccount holder spouse's community property interest in an employee benefit plan shall be considered a person entitled to the full protection of subsection (3) of this section. The nonparticipant, nonaccount holder spouse's consent to a beneficiary designation by the participant or account holder spouse with respect to an employee benefit plan shall not, absent clear and convincing evidence to the contrary, be deemed a release, gift, relinquishment, termination, limitation, or transfer of the nonparticipant, nonaccount holder spouse's community property interest in an employee benefit plan. For purposes of this subsection, the term "nonparticipant, nonaccount holder spouse" means the spouse of the person who is a participant in an employee benefit plan or in whose name an individual retirement account is maintained. As used in this subsection, an order of a court of competent jurisdiction entered under chapter 11.96A RCW includes an agreement, as that term is used under RCW 11.96A.220.
[ 2026 c 261 s 402; 2026 c 238 s 804; 2011 c 162 s 3; 2007 c 492 s 1. Prior: 1999 c 81 s 1; 1999 c 42 s 603; 1997 c 20 s 1; 1990 c 237 s 1; 1989 c 360 s 21; 1988 c 231 s 6; prior: 1987 c 64 s 1; 1890 p 88 s 1; RRS s 566. Formerly RCW 6.16.030.]
Notes:
Reviser's note: This section was amended by 2026 c 238 s 804 and by 2026 c 261 s 402, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 261: See note following RCW 41.26A.505.
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.
Effective date—1999 c 42: See RCW 11.96A.902.
Severability—1990 c 237: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 237 s 2.]
Severability—1988 c 231: See note following RCW 6.01.050.

catchline: Pension money exempt—Exceptions—Transfer of spouse's interest in employee benefit plan. (Effective until June 30, 2029.)


title: RCW 6.15.025

text:
Where a judgment is in favor of any state for failure to pay that state's income tax on benefits received while a resident of the state of Washington from a pension or other retirement plan, all property in this state, real or personal, tangible or intangible, of a judgment debtor shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever, and when a debtor dies, or absconds, and leaves his or her spouse and dependents any property exempted by this section, the same shall be exempt to the surviving spouse and dependents.
[ 1991 c 123 s 3.]
Notes:
Purpose—1991 c 123: See note following RCW 6.13.030.

catchline: Exemption of pension or retirement plan benefits from execution for judgment for out-of-state income tax.


title: RCW 6.15.030

text:
If property, which by the laws of this state is exempt from execution, attachment, or garnishment, is insured and the same is lost, stolen, or destroyed, then the insurance money coming to or belonging to the person thus insured, to an amount equal to the exempt property thus destroyed, shall be exempt from execution, attachment, and garnishment.
[ 1987 c 442 s 303; 1895 c 76 s 1; RRS s 568. Formerly RCW 6.16.050.]

catchline: Insurance money on exempt property exempt.


title: RCW 6.15.040

text:
All real and personal property belonging to any married person at the time of his or her marriage, and all which he or she may have acquired subsequently to such marriage, or to which he or she shall hereafter become entitled in his or her own right, and all his or her personal earnings, and all the issues, rents and profits of such real property, shall be exempt from execution, attachment, and garnishment upon any liability or judgment against the other spouse, so long as he or she or any minor heir of his or her body shall be living: PROVIDED, That the separate property of each spouse shall be liable for debts owing by him or her at the time of marriage.
[ 1987 c 442 s 304; 1973 1st ex.s. c 154 s 14; Code 1881 s 341; 1877 p 71 s 345; 1869 p 85 s 337; 1854 p 178 s 252; RRS s 570. Formerly RCW 6.16.070.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Exemption of nonobligated spouse or domestic partner's earnings from satisfaction of other spouse or domestic partner's child support obligations: RCW 26.16.200.

catchline: Separate property of spouse exempt.