40-106 – Homestead; selection; application; contents.
40-106. Homestead; selection; application; contents. The application must show (1) the fact that an execution has been levied upon property which is claimed as a homestead, (2) the name of the judgment creditor, (3) the facts which give rise to a homestead exemption, and (4) the value of the homestead. Source Laws 1879, § 6, […]
40-101 – Homestead, defined; exempted.
40-101. Homestead, defined; exempted. A homestead not exceeding sixty thousand dollars in value shall consist of the dwelling house in which the claimant resides, its appurtenances, and the land on which the same is situated, not exceeding one hundred and sixty acres of land, to be selected by the owner, and not in any incorporated […]
40-102 – Homestead; selection of property.
40-102. Homestead; selection of property. (1) If the claimant is married, the homestead may be selected from the separate property of the claimant or, with the consent of the claimant’s spouse, from the separate property of the claimant’s spouse. (2) If the claimant is not married, the homestead may be selected from any of his […]
40-103 – Homestead; exemption; when inoperative.
40-103. Homestead; exemption; when inoperative. The homestead is subject to execution or forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics’, laborers’, or vendors’ liens upon the premises and (2) on debts secured by mortgages or trust deeds upon the premises executed and acknowledged by both husband and wife, or an […]