Title 47 — Property

The homestead of any individual, whether married or unmarried, residing in this state consists of the land upon which the claimant resides, and the dwelling house on that land in which the homestead claimant resides, with all its appurtenances, and all other improvements on the l…

Repealed by S.L. 1979, ch. 488, § 7.

If a homestead claimant is married, the homestead may be selected from the separate property of either spouse with the consent of the other spouse.

A homestead is subject to execution or forced sale in satisfaction of judgments obtained in the following cases: 1. On debts secured by mechanics', construction, or laborers' liens for work or labor done or performed or material furnished exclusively for the improvement of the sa…

The homestead of a married person, without regard to the value thereof, cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both the husband and wife. 47-18-05.1. Waiver of homestead exemption - Notice requi…

When an execution for the enforcement of a judgment obtained in a case not within any of the classes specified under subsections 1, 2, or 3 of section 47-18-04 is levied upon the homestead, the judgment creditor may apply to the district court in the county in which such homestea…

An application for appraisers 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; and 3. That the value of the homestead exceeds the amount of the homestead exemption.

A petition for the appointment of appraisers of a homestead must be filed with the recorder, unless the board of county commissioners designates a different official, and a copy thereof, with notice of the time and place of hearing, served on the claimant at least ten days before…

At a hearing, the court, upon proof of the service of the notice and petition provided for in section 47-18-08 and of the facts stated in the petition, may appoint three disinterested residents of the county to appraise the value of the homestead.

The appraisers must perform the following duties: 1. Take an oath impartially to appraise the homestead property. 2. View the premises and appraise the value thereof. 3. If the appraised value exceeds the homestead exemption, determine whether the real property claimed can be div…

Within fifteen days after their appointment, the appraisers must present to the judge a report in writing which must show the appraised value of the homestead and their determination upon the matter of a division of the real property claimed.

If from the appraisers' report it appears that the real property claimed as a homestead can be divided without material injury, the court, by an order, shall direct the appraisers to set off to the claimant so much of the real property, including the residence, as will amount in …

If from the appraisers' report it appears to the court that the real property claimed as a homestead exceeds in value the amount of the homestead exemption and that it cannot be divided without material injury, the court must make an order directing its sale under the execution. …

If the sale of a homestead is made as provided in section 47-18-13, the proceeds thereof to the amount of the homestead exemption must be paid to the claimant and the residue applied to the satisfaction of the execution. When the execution is against a married claimant whose spou…

The appraisers of a homestead shall receive the same fees as jurors in civil cases in the district court, which with all other costs of these proceedings must be paid by the execution creditor in the first instance, but in the cases provided for in sections 47-18-13 and 47-18-14,…

If a homestead is conveyed as provided in section 47-18-05 or sold for the satisfaction of any lien mentioned in section 47-18-04, the price thereof or the proceeds of the sale beyond the amount necessary to satisfy such lien, and not exceeding in either case the amount of the ho…

Any person may make a declaration of homestead in the manner provided in sections 47-18-18 and 47-18-19. A failure to make such declaration shall not impair the homestead right.

In order to select a homestead the claimant shall execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of homestead, and file the declaration for record. A claim of a homestead by a debtor who received a discharge is a declaration…

The declaration of a homestead must contain: 1. A statement that the person making it is residing on the premises and claims them as a homestead; 2. A description of the premises; and 3. An estimate of their cash value.

A declaration of homestead must be recorded in the office of the recorder of the county in which the land is situated.

The sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as is provided in this chapter.

If either the husband or wife of the owner of a homestead becomes mentally ill, the district court serving the county in which the homestead is situated may make an order, upon application of the owner, or if the owner is deceased, the administrator or executor or legal represent…

An application in connection with the mental illness of the husband or wife of the owner of a homestead for an order permitting the sale, conveyance, lease, including oil and gas leases, or mortgage of the homestead by the owner, shall be made by a petition to the court subscribe…

A certified copy of an order granting permission to sell and convey or mortgage the homestead shall be filed for record and recorded in the office of the recorder of the county in which the homestead is situated.

On granting an order authorizing a sale of homestead, the court may direct that a part of the funds derived from such sale, not to exceed one-third thereof, be set aside, and may direct the investment of such funds for the use and benefit of the mentally ill husband or wife. If s…

A conveyance or mortgage of a homestead made pursuant to the applicable provisions of this chapter shall be as valid and effectual as if the mentally ill husband or wife had been sane and had joined in the execution and acknowledgment of such conveyance or mortgage.

On the hearing of an application, such as is provided in section 47-18-23, any of the kindred of the mentally ill person may appear and be heard in the premises and may appeal from any order made on the subject to the district court for the county in which the land is situated.

Subject to the homestead estate as defined by law and the payment of decedent's debts, the homestead may be devised to persons other than those mentioned in section 30-16-04 like other real property of the testator.