¶1 The United States Bankruptcy Court for the Western District of Washington has asked us whether Washington’s homestead exemption law, chapter 6.13 RCW, applies extraterritorially to real property located in other states. We answer this certified question in the negative. We hold that Washington’s homestead exemption law does not apply to real property outside of Washington.
FACTS AND PROCEDURAL HISTORY
¶2 The relevant facts in this case are undisputed. Debtors Larry and Rose Wieber filed for Chapter 13 bankruptcy relief in the United States Bankruptcy Court for the West
¶3 Creditor Bruce Kiessling objected to the Wiebers’ homestead exemption, arguing that Washington’s homestead exemption law has never been interpreted to apply extraterritorially. The bankruptcy court found that the Wiebers were domiciled in Washington, so Washington law governs the exemption question. Following a hearing, the bankruptcy court concluded that Washington’s homestead exemption law does not expressly indicate whether its terms apply to property located outside of Washington. To resolve this issue, the court agreed to certify the following question to this court: “Does the Washington homestead exemption law, RCW 6.13.010-.240, apply extra-territorially to real property located in other states?” Order Certifying Question to Wash. State Supreme Ct. at 3.
ANALYSIS
¶4 At the outset, we recognize that our interpretation of the homestead exemption law is not limited to its application in bankruptcy proceedings. The homestead exemption arises in proceedings involving probate, foreclosure, family law, and the general enforcement of judgments. However, because this case arose through the bankruptcy court, it is important to understand how homestead exemption laws relate to federal bankruptcy law.
1. Homestead Exemptions in Bankruptcy Court
¶5 Bankruptcy filings create a bankruptcy estate consisting of the debtor’s legal or equitable interests in property. 11 U.S.C. § 541(a). Debtors may claim certain property as exempt from the bankruptcy estate. 11 U.S.C. § 522(b)(1). They may choose between federal exemptions
¶6 Bankruptcy courts throughout the country have considered the extraterritorial effect of state homestead exemption laws. The majority of jurisdictions decline extraterritorial application of the homestead exemption to property located in another state. See, e.g., William H. Brown, Lawrence R. Ahern III & Nancy F. MacLean, Bankruptcy Exemption Manual § 4:7, at 95 (2011-2012 ed.) (“[T]he majority of courts have held that one state cannot assert extraterritorial jurisdiction over property in other states.”); Dale Joseph Gilsinger, Annotation, Extraterritorial Application of State’s Homestead Exemption Pursuant to Bankruptcy Code § 522, 47 A.L.R. Fed. 2d 335, § 2, at 343 (2010) (“State courts have repeatedly, and almost uniformly, held that a state’s homestead exemption only extends to property located within that state.”); In re Sipka, 149 B.R. 181, 182 (D. Kan. 1992) (believing the “majority rule is correct” and declining extraterritorial application of Kansas’s homestead law).
¶7 In re Capps is illustrative of the majority rule. 438 B.R. 668 (Bankr. D. Idaho 2010). There, the court held that Idaho’s homestead exemption law did not apply extraterri-torially to property located outside of Idaho. Id. at 672. Noting that Idaho state courts had not addressed the issue, the bankruptcy court relied on the public policy discouraging “ ‘exemption shopping,’ ” as recognized by the bankruptcy code and Idaho’s public policy protecting creditors’ expectations. Id. While acknowledging that some courts have allowed extraterritorial application of state homestead exemptions where the statutes do not expressly prohibit it, the trial court in Capps reaffirmed its previous holding in In re Halpin, 94 I.B.C.R. 197, 198, 1994 WL 594199 (Bankr. D. Idaho) that Idaho’s exemption law does not allow debtors to claim a homestead in another state. Capps, 438 B.R. at 672-73 (distinguishing In re Arrol, 170 F.3d 934 (9th Cir. 1999)).
¶9 Some courts reason that public policy supports extraterritorial application of a state’s homestead law. The most prominent of these policy-based cases is Arrol, in which the court held that California’s homestead exemption statute permitted debtors to claim an exemption for a homestead located in Michigan. 170 F.3d at 936. First, the court opined that the purpose of California’s homestead exemption exists independently from state boundaries, “ ‘provid[ing] a place for the family and its surviving members, where they may reside and enjoy the comforts of a home.’ ” Id. (alteration in original) (quoting Strangman v. Duke, 140 Cal. App. 2d 185, 190, 295 P.2d 12 (1956)). The court further reasoned that the homestead exemption law is similar in policy to a California automobile exemption law, which had been applied extraterritorially. Id. Lastly, the court said it found “nothing” in the state statutory scheme, its legislative history, or its interpretation by California courts to limit application of the exemption to homes within California. Id. at 937.
¶10 On similar reasoning, the court in Drenttel held that “the location of the home is not relevant” under Minnesota’s homestead exemption law and the exemption is therefore not limited to property located in Minnesota. 403 F.3d at
¶11 Other courts allowing extraterritorial application of homestead exemption laws look to whether similar exemption laws are limited to state residents. See In re Stephens, 402 B.R. 1 (B.A.P. 10th Cir. 2009); In re Williams, 369 B.R. 470 (Bankr. W.D. Ark. 2007). These courts reason that if similar exemption laws are restricted to state residents, the absence of restrictive language in the homestead exemption law should allow extraterritorial application. Stephens, 402 B.R. at 7-8; Williams, 369 B.R. at 474-75. Iowa’s homestead exemption law is silent as to extraterritorial application, while its personal property exemption law expressly restricts the exemption to Iowa residents. Through the logic of statutory construction, the court in Stephens therefore reasoned that the legislature’s choice to omit such language in the homestead exemption evidenced its intent for extraterritorial application. See also Williams, 369 B.R. at 476 (similarly holding that Iowa’s homestead exemption applies extraterritorially).
¶12 We recognize that these cases arise in a bankruptcy context and are thus of limited value here. The bankruptcy courts did not consider the full scope of the state homestead exemption laws or their application in other contexts. Nonetheless, these cases highlight that the answer to whether a state’s homestead exemption laws apply extra-territorially turns largely on a statutory analysis. We therefore turn to an analysis of Washington’s homestead exemption statutes.
2. Analysis of Relevant Statutory Provisions
¶13 Washington’s territorial legislature first recognized in statute the right to a homestead exemption over 150 years ago. Laws op 1854, ch. 27, § 253, at 178. This right was incorporated into article XIX, section 1 of the Washington Constitution, providing that “[t]he legislature shall
¶14 A “homestead” is defined as “real or personal property that the owner uses as a residence. . . . Property included in the homestead must be actually intended or used as the principal home for the owner.” RCW 6.13-.010(1). A residence that meets this definition is “exempt from attachment and from execution or forced sale for the debts of the owner up to” a statutory maximum of $125,000 in value. RCW 6.13.070(1), .030.
115 Determining whether the homestead exemption law applies extraterritorially is a matter of statutory construction. When construing statutes, the court’s goal is to “ ‘ascertain and carry out the legislature’s intent.’ ” Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526, 243 P.3d 1283 (2010) (quoting Arborwood Idaho, LLC v. City of Kennewick, 151 Wn.2d 359, 367, 89 P.3d 217 (2004)). While engaging in statutory construction, we first examine the plain meaning of the statute. State v. J.M., 144 Wn.2d 472, 480, 28 P.3d 720 (2001). In so doing, the court may examine the provision at issue, other provisions of the same act, and related statutes. Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 10-12, 43 P.3d 4 (2002).
¶16 We have repeatedly held that the homestead statutes are favored in the law and should be liberally construed. Lien v. Hoffman, 49 Wn.2d 642, 649, 306 P.2d 240 (1957); see also Macumber v. Shafer, 96 Wn.2d 568, 570, 637 P.2d 645 (1981) (“Homestead statutes are enacted as a matter of public policy in the interest of humanity and thus are favored in the law and are accorded a liberal construction.”); First Nat’l Bank of Everett v. Tiffany, 40 Wn.2d 193, 202, 242 P.2d 169 (1952) (“[Homestead exemption laws] do
¶17 This court’s answer to the certified question is not limited to the analysis of a single statutory provision defining “homestead”; instead, we must consider the entire homestead exemption chapter — chapter 6.13 RCW — as contemplated by the bankruptcy court. The chapter contains no language expressly supporting or prohibiting extraterritorial application of the exemption to property located outside of Washington. The statutes defining “homestead” (RCW 6.13.010, .020), creating the homestead exemption (RCW 6.13.030), and limiting its application (RCW 6.13.080) do not expressly address this issue. It is clear the law does not directly speak to any extraterritorial application.
¶18 Significantly, chapter 6.13 RCW includes statutes with specific procedures that apply in nonbankruptcy contexts, many of which require actions by courts and agencies. See RCW 6.13.040(2)-(4), .050 (describing procedures to file declarations of homesteads, abandonments, and nonabandonments with “the recording officer of the county in which the property is situated” and specifying that declarations “must contain” certain statements), .090 (describing how a judgment creditor may file a lien on a homestead property in excess of the homestead exemption and specifying timing procedures for liens transferred from a “district court of this state”), .130, .150, .160, .190, .240 (specifying court procedures on various issues and requiring courts to act, stating the court “may,” “shall,” or “must” act in some manner). While these statutes also do not expressly address the issue of extraterritoriality, they are informative of legislative intent. “Statutes are to be read together, whenever possible, to achieve a ‘harmonious total statutory scheme . . . which maintains the integrity of the respective statutes.’ ” State ex rel. Peninsula Neigh. Ass’n v. Dep’t of Transp., 142 Wn.2d 328, 342, 12 P.3d 134 (2000) (alteration in original) (internal quotations marks omitted) (quoting Employco Pers. Servs., Inc. v. City of Seattle, 117 Wn.2d 606, 614, 817 P.2d 1373 (1991)).
¶20 Instead, a harmonious reading of the statutes under chapter 6.13 RCW supports limiting the law’s application to real property located in Washington. This interpretation is supported by RCW 6.13.090, which states, in relevant part:
A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recording officer of the county where the property is located. However, if a judgment of a district court of this state has been transferred to a superior court, the judgment becomes a lien from the time of recording with such recording officer a duly certified abstract of the record of such judgment as it appears in the office of the clerk in which the transfer was originally filed.
(Emphasis added.) This statute sheds light on the question before us. The homestead exemption law is designed to
¶21 Our interpretation is strongly supported by considering the context of Title 6 RCW in which Washington’s homestead exemption law is found: that portion is entitled “Enforcement of Judgments.” (Formatting omitted.) Title 6 RCW grants Washington courts the power to enforce judgments, describes the procedures required to enter judgments, and sets forth limitations on the enforcement of judgments. The homestead exemption law, like the other exemptions in Title 6 RCW, places limitations on a Washington court’s power to enforce judgments. See ch. 6.15 RCW, entitled “Personal Property Exemptions.” (Formatting omitted.)
¶22 General provisions of Title 6 RCW expressly limit the application of exemptions, including chapter 6.13 RCW (the homestead exemption), to courts in Washington. RCW 6.01.010 states, “[T]he provisions of this chapter and of chapter [ ] 6.13 . . . apply to both the superior courts and district courts of this state” (Emphasis added.) This provision should be understood to limit the homestead exemption law to its application in Washington courts.2 This language is in contrast to California’s homestead exemption law, as interpreted in Arrol, where the court found “nothing” in the statutory scheme indicating a legislative intent to limit extraterritorial application of the law. 170 F.3d at 937. When
¶23 While we have repeatedly held that the homestead exemption law is entitled to a liberal construction, the structure of the homestead exemption law indicates a legislative intent to limit application to homestead protection in Washington. A comprehensive reading of the homestead exemption law, which includes consideration of Title 6 RCW, shows that the exemption is intertwined with procedures and requirements that can apply only to courts and agencies in Washington. Further, Title 6 RCW expressly states that the homestead exemption law applies to the courts of “this state.” RCW 6.01.010.
¶24 The Wiebers have not shown how the Washington-specific procedures under chapter 6.13 RCW can be harmonized with an extraterritorial application of the homestead exemption law. We cannot ignore the procedural aspects of the law, as the certified question asked whether the homestead exemption law, in its entirety, applies to real property located in other states. That this question arises in the context of bankruptcy proceedings cannot change the answer; our interpretation of the statute must appreciate all of its applications.
¶25 States have an interest in ensuring that their homestead exemption policies apply within their own jurisdiction because each state has unique laws that dictate the existence, scope, and nature of their homestead exemptions. Applying Washington’s homestead exemption law to property located in another state may place competing policies at odds, as would application of another state’s homestead exemption law to property located within Washington.
¶27 In sum, the context of our homestead exemption law shows a legislative scheme that limits its application to
CONCLUSION
¶28 We answer the certified question in the negative. While the homestead exemption law does not expressly prohibit extraterritorial application, reading the statutes in context shows a legislative intent to limit application to Washington. We hold that Washington’s homestead exemption law does not apply to property located in other states.
1.
Currently codified under chapter 6.13 RCW. See Laws or 1987, ch. 442, § 1121.
2.
An alternative reading of the statute may suggest that it describes only Washington court procedures but does not limit a debtor’s ability to exempt a homestead in another state. However, there is no language in this statute, chapter 6.13 RCW, or Title 6 RCW that supports such an interpretation. As noted, the statute provides a comprehensive scheme.