Baker v. Baker, No. 27242-7-III.

CourtCourt of Appeals of Washington
Writing for the CourtBrown
Citation202 P.3d 983,149 Wn. App. 208
Docket NumberNo. 27242-7-III.
Decision Date10 March 2009
PartiesIn re the Marriage of Mary L. BAKER, Appellant, v. Jayhu C. BAKER, Respondent.
202 P.3d 983
149 Wn. App. 208
In re the Marriage of Mary L. BAKER, Appellant,
v.
Jayhu C. BAKER, Respondent.
No. 27242-7-III.
Court of Appeals of Washington, Division 3.
March 10, 2009.

[202 P.3d 984]

John F. Bury, Steve Schneider, Attorneys at Law, Spokane, WA, for Appellant.

Michael J. McLaughlin, Attorney at Law, Newport, WA, for Respondent.

BROWN, J.


¶ 1 Mary L. Baker appeals the trial court's decision to deny execution upon one of five contiguous parcels of land belonging to her former husband, Jayhu C. Baker, that he claimed exempt under the Homestead Act, chapter 6.13 RCW. Ms. Baker appeals, arguing the homestead exemption does not apply to parcels of property not occupied by a judgment debtor. Because Mr. Baker resides on one of the contiguous parcels, and no other exemption issues are raised, we affirm the trial court.

FACTS

¶ 2 In dissolving the parties' marriage, the court awarded Ms. Baker a $2,000,000 judgment with interest to be paid in $20,000 monthly installments by Mr. Baker. Mr. Baker failed to make the ordered payments. Ms. Baker then moved for judgment on the delinquent monthly amounts and sought a writ of execution on property owned by Mr. Baker, referred to as Parcel B. Parcel B is one of five contiguous parcels, one of which, Parcel A, is where Mr. Baker's home is located. The five parcels were originally Mr. Baker's parents'. All of the parcels were deeded to him as his separate property as part of the parties' property distribution.

¶ 3 The court awarded Ms. Baker a monetary judgment, but found Parcel B was exempt under the homestead act. Ms. Baker appealed.

ANALYSIS

¶ 4 The sole issue on appeal is whether Parcel B is exempt from a writ of execution under the homestead act. Mr. Baker contends the parcel is part of the land surrounding the parcel his residence is built on and, therefore, is exempt under the definition of a homestead in RCW 6.13.010(1).

¶ 5 Whether the homestead act exempts property surrounding a parcel where a residence is located is a matter of statutory interpretation, which we review de novo. Dep't of Ecology v. Campbell & Gwinn, L.L.C., 146 Wash.2d 1, 9, 43 P.3d 4 (2002). "The homestead act `implements the policy that each citizen have a home where [the] family may be sheltered and live beyond the reach of financial misfortune.'" In re Dep. of Schermer, 161 Wash.2d 927, 953, 169 P.3d 452 (2007) (quoting Pinebrook Homeowners Ass'n v. Owen, 48 Wash.App. 424, 427, 739 P.2d 110 (1987))....

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4 practice notes
  • City of Seattle v. Long, No. 78230-4-I
    • United States
    • Court of Appeals of Washington
    • May 4, 2020
    ...RCW, broadly due to "the sanctity with which the legislature has attempted to surround and protect homestead rights." Baker v. Baker, 149 Wn.App. 208, 212, 202 P.3d 983 ¶2 Here, the city of Seattle (City) properly concedes that Steven Long's truck, which constituted his principal residence,......
  • City of Seattle v. Long, No. 78230-4-I
    • United States
    • Court of Appeals of Washington
    • June 29, 2020
    ...with which the legislature has attempted to surround and protect homestead rights." In re Marriage of Baker, 149 Wash. App. 208, 212, 202 P.3d 983 (2009).¶2 Here, the city of Seattle (City) properly concedes that Steven Long's truck, which constituted his principal residence, may constitute......
  • Clayton v. Wilson, No. 75010-1-I
    • United States
    • Court of Appeals of Washington
    • April 17, 2017
    ...a parcel where a residence is located is a matter of statutory interpretation, which is reviewed de novo. In re Marriage of Baker, 149 Wn. App. 208, 210-11, 202 P.3d 983 (2009). Wilson's relies heavily on Baker. Like this case, Baker addressed whether contiguous parcels were exempt as part ......
  • Clayton v. Wilson, 75010-1-I
    • United States
    • Court of Appeals of Washington
    • April 17, 2017
    ...a parcel where a residence is located is a matter of statutory interpretation, which is reviewed de novo. In re Marriage of Baker, 149 Wn.App. 208, 210-11, 202 P.3d 983 (2009). Wilson's relies heavily on Baker. Like this case, Baker addressed whether contiguous parcels were exempt as part o......
4 cases
  • City of Seattle v. Long, No. 78230-4-I
    • United States
    • Court of Appeals of Washington
    • May 4, 2020
    ...RCW, broadly due to "the sanctity with which the legislature has attempted to surround and protect homestead rights." Baker v. Baker, 149 Wn.App. 208, 212, 202 P.3d 983 ¶2 Here, the city of Seattle (City) properly concedes that Steven Long's truck, which constituted his principal residence,......
  • City of Seattle v. Long, No. 78230-4-I
    • United States
    • Court of Appeals of Washington
    • June 29, 2020
    ...with which the legislature has attempted to surround and protect homestead rights." In re Marriage of Baker, 149 Wash. App. 208, 212, 202 P.3d 983 (2009).¶2 Here, the city of Seattle (City) properly concedes that Steven Long's truck, which constituted his principal residence, may constitute......
  • Clayton v. Wilson, No. 75010-1-I
    • United States
    • Court of Appeals of Washington
    • April 17, 2017
    ...a parcel where a residence is located is a matter of statutory interpretation, which is reviewed de novo. In re Marriage of Baker, 149 Wn. App. 208, 210-11, 202 P.3d 983 (2009). Wilson's relies heavily on Baker. Like this case, Baker addressed whether contiguous parcels were exempt as part ......
  • Clayton v. Wilson, 75010-1-I
    • United States
    • Court of Appeals of Washington
    • April 17, 2017
    ...a parcel where a residence is located is a matter of statutory interpretation, which is reviewed de novo. In re Marriage of Baker, 149 Wn.App. 208, 210-11, 202 P.3d 983 (2009). Wilson's relies heavily on Baker. Like this case, Baker addressed whether contiguous parcels were exempt as part o......

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