§ 181. Appraisal and severance of homestead
§ 181. Appraisal and severance of homestead When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appraise and set out such homestead who, […]
§ 182. Application to Superior Court for relief
§ 182. Application to Superior Court for relief When a dwelling house, outbuildings, and lands in which a homestead right exists exceed in value $125,000.00 and a severance of the homestead would greatly depreciate the value of the residue of the premises or be of great inconvenience to the parties interested either in the residue […]
§ 183. Transfer or sale in lieu of severance
§ 183. Transfer or sale in lieu of severance When it appears upon hearing that such homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in such residue, the court may order such homestead to be transferred to such other parties and the payment of $125,000.00 to the owner […]
§ 184. Beneficial sale without severance
§ 184. Beneficial sale without severance When it appears to the probate division of the superior court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would greatly depreciate the value of the residue of […]
§ 185. Control of proceeds of sale
§ 185. Control of proceeds of sale When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in such conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the probate division of the superior […]
§ 141. Execution and acknowledgment of conveyance
§ 141. Execution and acknowledgment of conveyance (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the execution and acknowledgment of such conveyance. […]
§ 142. Homesteader under guardianship
§ 142. Homesteader under guardianship When the guardian of a married person is licensed to sell the real estate of his or her ward, the wife or husband of the ward may join with the guardian in the conveyance and release his or her right of homestead in the granted premises, as she or he […]
§ 143. Spouse with a mental condition or psychiatric disability
§ 143. Spouse with a mental condition or psychiatric disability (a) When the spouse of an owner of a homestead lacks capacity to protect his or her interests due to a mental condition or psychiatric disability and the owner desires to convey it or an interest therein, he or she may petition the Probate Division […]
§ 144. Effect when spouse joins in conveyance
§ 144. Effect when spouse joins in conveyance The joining by a wife or husband in such conveyance shall have no effect upon her or his right to a third in value of the real estate of which the husband or wife died seised.
§ 145. Effect of spouse joining in mortgage
§ 145. Effect of spouse joining in mortgage If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the mortgage. If […]