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. (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. 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. 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. 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. 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, […]
40-107. Homestead; selection; application; filing; service. The application must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the judgment creditor or his attorney of record and the officer making the levy at least ten days before the hearing. […]
40-108. Homestead; selection; hearing. At the hearing the court, upon proof of the service of such application and notice, shall determine whether or not such land is subject to the homestead exemption. If it is not, the court shall dismiss the application. If it is, the court shall further determine: (1) The extent and value […]
40-110. Homestead; when set off; selection of other lands. If from the evidence it appears that the land upon which the execution has been levied can be divided without material injury, the court shall, by an order, set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed […]
40-111. Indivisible homestead; sale; conditions. If from the evidence it appears that the land upon which the execution has been levied cannot be divided, the court shall, unless a sale has already been held, make an order directing the sale of the land under the execution; but at such sale no bid must be received […]
40-112. Indivisible homestead; sale; proceeds; disposition. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution. Source Laws 1879, § 12, p. 60; R.S.1913, § 3087; C.S.1922, § 2827; C.S.1929, § 40-112; R.S.1943, § […]
40-113. Indivisible homestead; sale; surplus proceeds; protection. The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. Source Laws 1879, § 13, p. 60; R.S.1913, § 3088; C.S.1922, § […]
40-116. Homestead; protection of surplus after execution sale. If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section 40-103, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, […]
40-118. Transferred to section 61-105.
