Bulletin: WA000013

Date:
January 16, 1990
To:
All Washington Agents
RE:
Homesteads

Dear Associates:

It is our position that the homestead of a married person can only be conveyed or encumbered by both spouses. RCW 6.12.110. The homestead may be the community property or the separate property of either spouse. RCW 6.12.020. It consists of the home in which the owner resides. RCW 6.12.010.

Oklahoma has similar laws. Its courts of appeals has recently ruled that a mortgage executed only by the husband is void against the homestead property even though record title was in the husband only and the mortgage was a purchase money mortgage. Tyson Foods v. Guthrie, 773 P.2d 769 (Okl. App. 1989).

I am bringing this case to your attention for emphasis. We need to have both spouses sign a sale or mortgage of their residence even when record title is in only one spouse.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
8.08 Homesteads
Exceptions Manual:
WA Divorces
 
WA Marital Rights
Forms:
None