Effective 5/14/2019 78B-5-503. Homestead exemption — Definitions — Excepted obligations — Water rights and interests — Conveyance — Sale and disposition — Property right for federal tax purposes. (1) For purposes of this section: (a) “Household” means a group of persons related by blood or marriage living together in the same dwelling as an economic […]
78B-5-504. Declaration of homestead — Filing — Contents — Failure to file — Conveyance by married person — No execution sale if bid less than exemption — Redemption rights of judgment creditor. An individual may select and claim a homestead by complying with the following requirements: (1) Filing a signed and acknowledged declaration of homestead […]
Effective 7/1/2021 78B-5-505. Property exempt from execution. (1) (a) An individual is entitled to exemption of the following property: (i) a burial plot for the individual and the individual’s family; (ii) health aids reasonably necessary to enable the individual or a dependent to work or sustain health; (iii) benefits that the individual or the individual’s […]
Effective 5/12/2015 78B-5-506. Value of exempt property — Exemption of implements, professional books, tools, and motor vehicles. (1) An individual is entitled to exemption of the following property up to an aggregate value of items in each subsection of $1,000: (a) sofas, chairs, and related furnishings reasonably necessary for one household; (b) dining and kitchen […]
Effective 5/12/2020 78B-5-507. Exemption of proceeds from property sold, taken by condemnation, lost, damaged, or destroyed — Tracing exempt property and proceeds. (1) (a) An individual who owned property described in this Subsection (1) is entitled to an exemption of proceeds that are traceable for one year after the compensation for the property is received […]
78B-5-508. Allowable claims against exempt property. (1) Notwithstanding other provisions of this part, but subject to the provisions of the Utah Uniform Consumer Credit Code: (a) A creditor may levy against exempt property of any kind, except unemployment benefits, to enforce a claim for: (i) alimony, support, or maintenance; (ii) unpaid earnings of up to […]
78B-5-509. Waiver of exemptions in favor of unsecured creditor unenforceable. A waiver of exemptions executed in favor of an unsecured creditor before levy on an individual’s property is unenforceable. Renumbered and Amended by Chapter 3, 2008 General Session
78B-5-510. Assertion of individual’s rights by spouse, dependent, or other authorized person. If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this part, the spouse or a dependent of the individual or any other authorized […]
78B-5-511. Injunctive relief, damages, or both allowed against creditor to prevent violation of chapter — Costs and attorney fees. An individual or the spouse or a dependent of the individual is entitled to injunctive relief, damages, or both, against a creditor or other person to prevent or redress a violation of this part. A court […]
78B-5-512. Property held by joint tenants or tenants in common. If an individual and another own property in this state as joint tenants or tenants in common, a creditor of the individual, subject to the individual’s right to claim an exemption under this part, may obtain a levy on and sale of the interest of […]
78B-5-513. Exemption provisions applicable in bankruptcy proceedings. An individual may not exempt from the property of the estate in any bankruptcy proceeding the property specified in Subsection (d) of Section 522 of the Bankruptcy Reform Act (Public Law 95-598), unless the individual is a nonresident of this state and has been for the 180 days […]
