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.