Section 6-10-34 – Contest of Exemption Claim – Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption.
Section 6-10-34 Contest of exemption claim – Proceedings when inventory discloses personalty not embraced by claim of exemption. When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff’s demand discloses other personal property owned by the defendant and subject to sale under process not […]
Section 6-10-12 – Adjustments to Exemption Values.
Section 6-10-12 Adjustments to exemption values. On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in […]
Section 6-10-20 – Declaration of Claimed Exemptions – Making and Filing.
Section 6-10-20 Declaration of claimed exemptions – Making and filing. Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the […]
Section 6-10-21 – Declaration of Claimed Exemptions – Recordation; Receipt; Certified Copies.
Section 6-10-21 Declaration of claimed exemptions – Recordation; receipt; certified copies. Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor. (Code […]
Section 6-10-22 – Declaration of Claimed Exemptions – Fees for Filing, Etc.
Section 6-10-22 Declaration of claimed exemptions – Fees for filing, etc. The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds. (Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code 1923, §7893; Code 1940, T. […]
Section 6-10-1 – Law Governing Exemptions and Claims.
Section 6-10-1 Law governing exemptions and claims. The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter. (Code 1876, §2844; Code 1886, §2542; […]
Section 6-10-23 – Declaration of Claimed Exemptions – Effect as Evidence and Notice.
Section 6-10-23 Declaration of claimed exemptions – Effect as evidence and notice. After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing thereof shall operate as notice of its contents. (Code 1876, §§2828, 2831; Code 1886, §2517; Code 1896, §2043; Code […]
Section 6-10-2 – Homestead Exemption – Amount; Area.
Section 6-10-2 Homestead exemption – Amount; area. The homestead of every resident of this state, with the improvements and appurtenances, not exceeding in value fifteen thousand dollars ($15,000) and in area 160 acres, shall be, to the extent of any interest he or she may have therein, whether a fee or less estate or whether […]
Section 6-10-24 – Declaration of Claimed Exemptions – Effect of Waiver or Contest.
Section 6-10-24 Declaration of claimed exemptions – Effect of waiver or contest. After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property […]
Section 6-10-3 – Homestead Exemption – Alienation by Married Person.
Section 6-10-3 Homestead exemption – Alienation by married person. No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of […]