Title 33, Property

(Caution: 1998 Prop. 105 applies) A. Any person who is at least eighteen years of age, married or single, and who resides within this state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding $400,000 in value, any one of the following: 1. The…

A. A person who is entitled to a homestead exemption as prescribed by section 33-1101 holds that exemption by operation of law and no written claim or recording is required. If a person has more than one property interest to which a homestead exemption may reasonably apply, a cre…

A. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with: 1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance. 2…

A. A homestead may be abandoned by any of the following: 1. A declaration of abandonment or waiver. 2. A transfer of the homestead property by deed of conveyance or contract for conveyance. 3. A permanent removal of the claimant from the residence or the state. A claimant may rem…

A judgment creditor other than a mortgagee or beneficiary under a trust deed may elect to sell by judicial sale as specified in title 12 the property in which the judgment debtor has a homestead under section 33-1101, subsection A, provided that the judgment debtor's interest in …

In this article, unless the context otherwise requires: 1. "Debtor" means an individual whether married or single utilizing property described in this article for personal, family or household use. 2. "Process" means execution, attachment, garnishment, replevin, sale or any final…

In the case of married persons, each spouse is entitled to the exemptions provided in this article, which may be combined with the other spouse's exemption in the same property or taken in different exempt property.

The property declared exempt by this article is not exempt from process utilized to enforce a security interest in or pledge of such property, or to obtain possession of leased property.

(Caution: 1998 Prop. 105 applies) A. Household furniture and furnishings, household goods, including consumer electronic devices, and household appliances personally used by the debtor or a dependent of the debtor and not otherwise specifically prescribed in this chapter are exem…

All food, fuel and provisions actually provided for the debtor's individual or family use for six months are exempt from process.

(Caution: 1998 Prop. 105 applies) The following property of a debtor used primarily for personal, family or household purposes is exempt from process: 1. All wearing apparel of not more than a fair market value of five hundred dollars. 2. All musical instruments provided for the …

(Caution: 1998 Prop. 105 applies) A. The following property of a debtor is exempt from execution, attachment or sale on any process issued from any court: 1. All money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian…

The library and philosophical and chemical or other apparatus belonging to a debtor and used for the instruction of youth in any university, college, seminary of learning, or school shall be exempt from execution, attachment or sale on any process issued from any court.

All fire engines, hooks and ladders, with the carts, trucks, carriages, hose, buckets, implements and apparatus appertaining thereto, and all furniture and uniforms of any fire company or department organized under any law of this state shall be exempt from execution, attachment …

All court houses, jails, public offices, buildings, lots, grounds and personal property, the fixtures, furniture, books and papers and appurtenances belonging and pertaining to the jail and public offices belonging to any county or any city of this state and all cemeteries, publi…

The following tools and equipment of a debtor used in a commercial activity, trade, business or profession shall be exempt from process: 1. The tools, equipment, instruments and books, including telephone numbers, client or customer contact information, or marketing tools, such a…

(Caution: 1998 Prop. 105 applies) A. For the purposes of this section, "disposable earnings" means that remaining portion of a debtor's wages, salary or compensation for his personal services, including bonuses and commissions, or otherwise, and includes payments pursuant to a pe…

Notwithstanding any agreement to the contrary, a waiver of the exemption rights provided by this article shall be void and unenforceable, except as specifically provided in section 33-1122 and when done with notice.

A. Nothing in this article shall be construed to displace other provisions of law which afford additional or greater protection to a debtor's property. B. Notwithstanding subsection A, in accordance with 11 U.S.C. 522 (b), residents of this state are not entitled to the federal e…

A. In addition to any other exemption provided by law, all real, personal, tangible or intangible property of a judgment debtor in this state is exempt from execution of a judgment in favor of another state for failure to pay that state's income tax on benefits received from a pe…

A. A person must claim the exemption under this article under oath and in writing that establishes that the person is a resident of this state and particularly designates the real and personal property for which the exemption is claimed. The claim shall be recorded in the office …

A. A claim of exemption under this article may be abandoned by a declaration or grant of abandonment or waiver or by permanent removal of the claimant from this state. A claimant may remove from this state for up to two years without an abandonment or waiver of the exemption. B. …