Title 55 — PROPERTY IN GENERAL

55-905. Fraudulent transfers of personalty. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subs…

55-906. Transfers in fraud of creditors. Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor an…

55-907. Transfers in fraud of creditors — Delivery and change of possession. Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is pr…

55-908. Fraud is a question of fact. In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not…

55-909. Title of purchaser not impaired. The provisions of this chapter do not in any manner affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of …

55-910. Uniform voidable transactions act — Definitions. As used in this act: (1) "Affiliate" means: (a) A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a…

55-911. Insolvency defined. (1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (2) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispu…

55-912. Value defined. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary c…

55-913. Transfer or obligation voidable as to present or future creditor. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor ma…

55-914. Transfer or obligation voidable as to present creditor. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obliga…

55-915. When transfer is made or obligation is incurred. For the purposes of this act: (1) A transfer is made: (a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, …

55-916. Remedies of creditor. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor…

55-917. Defenses, liability, and protection of transferee or obligee. (1) A transfer or obligation is not voidable under section 55-913(1)(a), Idaho Code, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent tra…

55-918. Extinguishment of a cause of action. A cause of action with respect to a transfer or obligation under this act is extinguished unless action is brought: (1) Under section 55-913(1)(a), Idaho Code, not later than four (4) years after the transfer was made or the obligation…

55-919. governing law. (1) In this section, the following rules shall determine a debtor’s location: (a) A debtor who is an individual is located at the individual’s principal residence; (b) A debtor that is an organization and has only one (1) place of business is located at its…

55-920. Application of general law. Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or othe…

55-921. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

55-922. Short title. This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."

55-1001. Definitions. For purposes of this chapter: (1) "Dwelling house" and "mobile home" include manufactured housing. (2) "Homestead" means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and th…

55-1002. From what property selected. If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse. Each spouse may separately claim a homestead exemption in the amount specified in section …

55-1003. Homestead exemption limited. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).

55-1004. Automatic homestead exemption — Conditions — Declaration of homestead — Declaration of abandonment. (1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, fr…

55-1005. To what judgments subject. The homestead is subject to execution or forced sale in satisfaction of judgments obtained: (1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premise…

55-1006. Presumption of abandonment — Declaration of nonabandonment. A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months …

55-1007. Conveyance or encumbrance by a married couple. The homestead of a married person shall not be conveyed or encumbered by a spouse without the consent of the other spouse. Either spouse may execute a power of attorney authorizing the other spouse to convey or encumber the …

55-1008. Homestead exempt from execution — When presumed valid. (1) Except as provided in section 55-1005, Idaho Code, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in section 55-1003, Idaho Code. T…

55-1009. Judgment against homestead owner — Lien on excess value of homestead property. A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judg…

55-1010. Liability for debts of owner. The homestead shall not be held liable for the debts of the owner, except as provided in this title or in section 56-218, Idaho Code.

55-1011. Exemption of pension money and retirement or profit-sharing benefits from legal processes. (1) Except as provided in subsection (2) of this section, any money or other assets payable to a participant or beneficiary from or any interest of any participant or beneficiary i…

55-1101. Execution against homestead. When an execution for the enforcement of a judgment, obtained in a case not within the classes before enumerated, is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situ…

55-1102. Application for appraisement. The application must be made upon a verified petition, showing: 1. The fact that an execution has been levied upon the homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

55-1103. Filing of application. The petition must be filed with the clerk of the district court.

55-1104. Notice of hearing. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least two (2) days before the hearing.

55-1105. Appointment of appraisers. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three (3) disinterested residents of the county to appraise the value of the homestead.

55-1106. Oath of appraisers. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.

55-1107. Appraisal. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

55-1108. Report of appraisers. Within ten (10) days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.

55-1109. Order setting aside exempt portion. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amo…

55-1110. Order for sale of premises. If, from the report, it appear to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it can not be divided, he must make an order directing its sale under the execution.

55-1111. Bid must exceed exemption. At such sale no bid must be received unless it exceeds the amount of the homestead exemption.

55-1112. Disposal of proceeds of sale. 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.

55-1113. Exemption of proceeds of sale. The money paid to the claimant is entitled, for the period of six (6) months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead.

55-1114. Compensation of appraisers. The court must fix the compensation of the appraisers, not to exceed five dollars ($5.00) per day each for the time actually engaged.

55-1115. Costs of proceedings. The execution creditor must pay the costs of these proceedings in the first instance; but if the appraised value exceeds the homestead exemption the amount so paid must be added as costs on execution, and collected accordingly.

55-1401. Property held for charges. When any goods, merchandise or other property has been received by any railroad or express company, or other common carrier, commission merchant, innkeeper or warehouseman for transportation or safekeeping, and is not delivered to the owner, co…

55-1402. Sale of unclaimed property. If no person calls for the property within four (4) months from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, innkeeper or warehouseman may sell such property, or so much thereof as will pay freigh…

55-1403. Disposition of proceeds. If the owner or his agent fails to demand such surplus within sixty (60) days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner.

55-1404. Recovery of charges advanced. When any commission merchant or warehouseman receives, on consignment, produce, merchandise or other property, and makes advances thereon for freight and charges, he may, if the same is not paid to him within four (4) months from the date of…

55-1501. Short title. This act shall be known and may be cited as the "Condominium Property Act."

55-1502. Purpose — Public policy. Whereas, the availability of more adequate financing for construction, land development and improvement, and business expansion is beneficial and advantageous to the development of the state of Idaho and in the public interest, and, whereas, the …