Title 70

Subject to 70-32-216, the declaration of homestead must contain a statement that the person making it is residing on the premises and claims them as a homestead and a description of the premises.

The declaration must be recorded in the office of the county clerk of the county in which the land is situated.

The homestead is exempt from execution or forced sale, except as in this chapter provided.

The homestead is subject to execution or forced sale in satisfaction of judgments obtained: (1) on debts secured by construction or vendors' liens upon the premises; (2) on debts secured by mortgages on the premises, executed and acknowledged by the husband and wife or by an unma…

When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in 70-32-202 is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated or a judge thereof for the ap…

(1) The application must be made upon a verified petition showing: (a) the fact that an execution has been levied upon the homestead; (b) the name of the claimant; (c) that the value of the homestead exceeds the amount of the homestead exemption. (2) The petition must be filed wi…

A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least 2 days before the hearing.

(1) 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 disinterested residents and freeholders of the county to appraise the value of the homestead. (2) The persons appointed, before …

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.

Within 15 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.

If from the report it appears to the judge that the land claimed can be divided without material injury, the judge shall by an order direct the appraisers to set off to the claimant as much of the land, including the residence, that will amount in value to the homestead exemption…

If from the report it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption and that it cannot be divided, the judge shall make an order directing its sale under execution.

At such sale no bid must be received unless it exceeds the amount of the homestead exemption.

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.

The money paid to the claimant is entitled, for the period of 18 months thereafter, to the same protection against legal process and the voluntary disposition of either spouse which the law gives to the homestead.

The court must fix a reasonable amount as compensation for the appraisers.

The execution creditor must pay the costs of these proceedings in the first instance, but in the cases provided for in 70-32-209 and 70-32-210, the amount so paid must be added as costs on execution and collected accordingly.

(1) If property or a part of property that could have been claimed as an exempt homestead has been sold or taken by condemnation, as provided in Title 60, chapter 4, or Title 70, chapter 30, or has been lost, damaged, or destroyed and the owner has been indemnified for the proper…

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 husband and wife.

A homestead can be abandoned only by a declaration of abandonment or a grant thereof executed and acknowledged by: (1) the husband and wife if the claimant is married; (2) the claimant if unmarried.

A declaration of abandonment is effectual only from the time it is filed in the office in which the homestead was recorded.