70-32-213. Sale proceeds equal to exemption protected
70-32-213. Sale proceeds equal to exemption protected. The money paid to the claimant is entitled, for the period of 18 months thereafter, to the same protection against legal process and the voluntary disposition of either spouse which the law gives to the homestead. History: En. Sec. 1690, Civ. C. 1895; re-en. Sec. 4714, Rev. C. 1907; re-en. […]
70-32-214. Compensation of appraisers
70-32-214. Compensation of appraisers. The court must fix a reasonable amount as compensation for the appraisers. History: En. Sec. 1691, Civ. C. 1895; re-en. Sec. 4715, Rev. C. 1907; re-en. Sec. 6966, R.C.M. 1921; Cal. Civ. C. Sec. 1258; re-en. Sec. 6966, R.C.M. 1935; R.C.M. 1947, 33-122; amd. Sec. 10, Ch. 302, L. 1987.
70-32-215. Costs
70-32-215. Costs. The execution creditor must pay the costs of these proceedings in the first instance, but in the cases provided for in 70-32-209 and 70-32-210, the amount so paid must be added as costs on execution and collected accordingly. History: En. Sec. 1692, Civ. C. 1895; re-en. Sec. 4716, Rev. C. 1907; re-en. Sec. 6967, R.C.M. […]
70-32-216. Tracing homestead proceeds
70-32-216. Tracing homestead proceeds. (1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the property, […]
70-32-217. through 70-32-220 reserved
70-32-217 through 70-32-220 reserved.
70-32-221. Repealed
70-32-221. Repealed. Sec. 5, Ch. 30, L. 2001. History: En. Sec. 1, Ch. 590, L. 1987; amd. Sec. 2, Ch. 294, L. 1991.
70-32-203. Execution under judgments not enumerated — application required
70-32-203. Execution under judgments not enumerated — application required. When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in 70-32-202 is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated or a judge thereof […]
70-32-204. Application for appraisal — contents — filing
70-32-204. Application for appraisal — contents — filing. (1) The application must be made upon a verified petition showing: (a) the fact that an execution has been levied upon the homestead; (b) the name of the claimant; (c) that the value of the homestead exceeds the amount of the homestead exemption. (2) The petition must be filed with the clerk […]
70-32-205. Service of petition — notice of hearing
70-32-205. Service of petition — notice of hearing. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least 2 days before the hearing. History: En. Sec. 1681, Civ. C. 1895; re-en. Sec. 4705, Rev. C. 1907; re-en. Sec. 6956, R.C.M. 1921; Cal. Civ. C. […]
70-32-206. Appointment of appraisers — oath
70-32-206. Appointment of appraisers — oath. (1) At the hearing the judge may, upon proof of the service of a copy of the petition and notice and of the facts stated in the petition, appoint three disinterested residents and freeholders of the county to appraise the value of the homestead. (2) The persons appointed, before entering upon […]