Homestead exemption question

[captmorgan23]

I live on my boat with my wife. Our boat is paid for and is exempt under the homestead exemption. We are getting ready to file and have been on our boat for a year and have a chance to move onto dry land into a very nice apartment for a great price. Is there a way to move into the apartment and still be able to protect our boat?

Thanks in advance

[oregonpilot]

Hi capt and welcome!
Don't have an answer for you but it sounds pretty cool.

[despritfreya]

I would have to imagine that if the boat is not your residence on the day you file it is not your "homestead" and therefore not exempt. My advice, if you are filing a 7: Do not move until your case is closed. Assuming you can claim an exemption in the boat as a homestead, that would be the safest course of action but check with a local attorney.

Des.

[tcreegan]

Hi captmorgan,

Ask your attorney about RCW 6.13.050 ...the way I read it you can keep the boat as your homestead by filing a non-abondonment on it.

RCW 6.13.050
Homestead presumed abandoned, when — Declaration of nonabandonment.

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six months. However, if an owner is going to be absent from the homestead for more than six months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recording officer of the county in which the property is situated.

The declaration of nonabandonment of homestead must contain:

(1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;

(2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner's absence, and the reason for the absence; and

(3) A legal description of the homestead property.

Hope this helps,

Tom in Colo

ps: ...just curious, whats the $ figure on the boat?