Washington Property Law — Quick Reference

Core Concepts

Community Property

|---|---|

Washington Homestead

|---|---|

WA homestead vs. TX homestead: TX limits by acreage (10 urban / 100 rural acres); WA limits by dollar amount (greater of $125k or county median).

Title and Deeds

Deed types in Washington:

|---|---|---|

Recording:

• Washington = race-notice doctrine

• To be protected: must record first AND have no prior notice of competing claims

• Types of notice: actual notice (you knew), constructive notice (recorded in public record), inquiry notice (circumstances that would prompt investigation)

Washington Foreclosure Timeline (Non-Judicial)

|---|---|

Rule	Detail
State type	Community property (like Texas)
Community property	All property/income acquired during marriage
Separate property	Pre-marriage assets; gifts; inheritances
Registered domestic partners	Same rules as married spouses since 2009 (RCW 26.60)
Both spouses sign?	YES — required for all community real property transactions
Community Property Agreement	Written agreement converting separate to community, or vice versa (RCW 26.16.120)
Rule	Detail
Statute	RCW 6.13
How created	AUTOMATIC — no filing required
Amount (post-2021)	Greater of $125,000 OR county median home sale price
Protects from	Unsecured creditors (credit cards, judgments)
Does NOT protect from	Mortgages, deeds of trust, property taxes, mechanic's liens
Declared homestead	Filed to protect proceeds after a forced sale for up to 1 year
Deed Type	Warranty	Common Use
Statutory Warranty Deed	Full — all prior owners	Standard residential sale
Special Warranty Deed	Limited — only grantor's period	Foreclosure, estate sales
Bargain and Sale Deed	None	Court-ordered transfers
Quitclaim Deed	None	Between family, clearing title
Step	Timeline
Default → Notice of Default	Day 0
30-day cure period	Days 1–30
Notice of Trustee's Sale recorded/served	At least 90 days before sale
Foreclosure Fairness Act mediation notice	Must be sent before NTS for owner-occupied
Last day to reinstate	11 days before sale
Trustee's Sale (public auction)	Sale date

Anti-deficiency rule (RCW 61.24.100): No deficiency judgment after non-judicial foreclosure on residential deed of trust. Judicial foreclosure: Allows deficiency + creates 8-month redemption right (rare; slower; more expensive).

Common Exam Traps

• Homestead = automatic in WA — no filing required (contrast with many other states)

• Race-notice doctrine — must RECORD FIRST and have NO NOTICE; recording alone or no notice alone is not enough

• 11 days before sale — last day to reinstate (not 10, not 15)

• 90 days notice before trustee's sale — Notice of Trustee's Sale trigger (not 30, not 60)

• Anti-deficiency is non-judicial only — judicial foreclosure CAN result in deficiency judgment

• Quitclaim deed — transfers whatever interest the grantor has, no warranty; good for clearing clouds on title, not for standard sales