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 […]
40-104 – Homestead; how conveyed or encumbered; assertion of claim of invalidity of conveyance.
40-104. Homestead; how conveyed or encumbered; assertion of claim of invalidity of conveyance. Except as otherwise provided in this section, the homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses. The interest of either or both spouses […]
40-105 – Homestead; selection; procedure.
40-105. Homestead; selection; procedure. When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 40-103 is levied upon the lands or tenements of a claimant, the claimant may at any time prior to confirmation of sale apply to the district court in the county in […]
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, […]