- January 16, 1990
- All Washington Agents
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.
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