The Washington Homestead Exemption

In bankruptcy, a homestead exemption protects equity in your home. Here, you'll find specific information about the homestead exemption in Washington. For general information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, read The Homestead Exemption in Bankruptcy. For more bankruptcy information, read Filing for Bankruptcy in Washington.

How Much Is the Homestead Exemption in a Washington State Bankruptcy?

Washington lets filers use the homestead exemption under either the federal or Washington state exemption system. However, you can't mix exemptions from both lists, so select the system that will protect your most important assets.

To help you make an informed choice, we've listed the federal and Washington homestead exemption amounts below. We've also included links to more complete lists so you'll have an easier time deciding which set will work best for you. If you're married, remember that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

What Property Is Protected by Washington State's Homestead Exemption?

You can use the Washington homestead exemption to protect a house, condominium, mobile, or manufactured home serving as your principal residence. You can use the homestead exemption to protect personal property used as a residence, such as a mobile home, but the exemption amount is reduced significantly. (Wash. Rev. Code Ann. § 6.13.030.)

When Can You Use a Homestead Exemption in a Washington State Bankruptcy?

You can file for bankruptcy in Washington after living there for over 180 days. However, you must live in Washington much longer before using Washington exemptions, at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.

But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two years immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.

Also, to claim the total value of the Washington homestead exemption, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can't meet this requirement, your homestead exemption will be limited to the current federal cap.

You'll also need to meet other requirements. Find out more about keeping your home in Chapter 7 or Chapter 13.

Where Do You Find the Washington Homestead Exemption?

You can search for Washington exemption laws on the Washington State Legislature webpage. However, most statutes don't include updated amounts, and understanding statutory requirements can be challenging. It's best to consult with a local bankruptcy lawyer.

How Can I Avoid Common Mistakes When Using Washington's Homestead Exemption?

Bankruptcy mistakes, such as improperly disclosing or exempting assets, can be costly and often occur when filing without a bankruptcy lawyer. We've covered some of the most basic rules you'll encounter when protecting your home in bankruptcy. However, you must also meet other timing and exemption requirements to prevent losing your home.

A local bankruptcy lawyer's knowledge and expertise will help you avoid losing your home and other valuable assets and ensure you maximize the homestead exemption.

Need More Bankruptcy Help?

Did you know Nolo has made the law easy for over fifty years? It's true, and we want to ensure you find what you need. Below, you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

Updated December 19, 2023