Property OwnershipCommunity_property_rules_and_spousal_consentMEDIUM
Elena and Miguel are married and own a home in Spokane as community property. They wish to refinance the home by taking out a new deed of trust. The lender requires both spouses to sign the deed of trust. Miguel refuses to sign. Which of the following best explains why the lender's requirement is legally justified under Washington law?
Correct Answer
A) Both spouses must sign to encumber community real property with a deed of trust under Washington community property law
Under Washington community property law (RCW 26.16.030), both spouses must sign any instrument that encumbers community real property, including a deed of trust. Because the home is community property, Miguel's refusal to sign means the refinancing cannot proceed without his consent. The lender's requirement is not merely a business policy — it is mandated by Washington law.
Answer Options
A
Both spouses must sign to encumber community real property with a deed of trust under Washington community property lawB
Lenders may require both signatures as a business policy, but it is not required by Washington lawC
Only the spouse whose income qualifies for the loan is required to sign the deed of trustD
The lender must obtain a court order to require both signatures on a deed of trustWhy This Is the Correct Answer
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Related Topics & Key Terms
Key Terms:
spousal_consentdeed_of_trustcommunity_propertyencumbrancewashington_specific
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