Washington Law Review




An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, and the sheriff levied on the homestead property in 1962. The superior court subsequently entered a probate order adjudging that the title of the residence on which the homestead was filed had vested in the plaintiff as her separate property immediately upon the death of her husband. The property was stricken from the inventory of his estate, and the sheriff was permanently enjoined from selling the property. On appeal, the court reversed and remanded. Held: Equity exceeding the homestead exemption in homesteaded realty transferred to a surviving spouse is subject to execution for judgment on a community debt, despite the absence of a judgment lien and execution prior to the first spouse's death, if the judgment is properly presented as a claim against decedent's estate. Aronson v. Murk, 67 Wash. Dec. 2d 1, 406 P.2d 607 (1965).

First Page