Title 47, Property

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.

1. A mortgage on a homestead which is executed after June 30, 1991, and which is not a purchase money contract must contain the following statement printed in a conspicuous manner: I understand that homestead property is in many cases protected from the claims of creditors and ex…

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…

Notice of the application for an order to convey the homestead property shall be served upon such persons and in such manner as the court by order shall direct, and in such order the court shall fix a time for the hearing of the application.

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.

Any instrument affecting the title to or possession of real property may be recorded as provided in this chapter.

The following instruments may be recorded without acknowledgment or further proof: 1. An instrument issued by an agency, bureau, department, or the judiciary of the United States, this state or a political subdivision of this state, or an Indian tribe recognized by the United Sta…

Before an instrument can be recorded, unless it belongs to a class provided for in section 47-19-02 or 47-19-40, its execution must be established: 1. If executed by an individual, by acknowledgment by the person executing the same; 2. If executed by a corporation or limited liab…

1. The recorder may not record a deed or contract for deed containing a metes and bounds legal description which affects the title to or possession of real property that otherwise may be recorded under this chapter unless the name and address of the individual who drafted the leg…

Transfers of or liens on property by way of mortgage are required to be recorded in the cases specified in title 35.

No deed in which real estate is described shall be received for record by any recorder in this state if the post-office address, and any known or existing street address if within the corporate boundaries of a city, of each grantee named in such deed is not shown. Failure to have…

In all cases of joint tenancy in lands, and in all cases where an estate, title, or interest in, or lien upon, lands has been or may be created, which estate, title, interest, or lien was or is to continue only during the life of any person named or described in the instrument by…

An instrument entitled to be recorded must be recorded by the recorder of the county in which the real property affected thereby is situated. The recorder in each case must endorse the amount of the fee for the recording on the instrument recorded.

An instrument is deemed to be recorded when, whether entitled to record or not, it is deposited with the proper officer for record, if such instrument is subsequently recorded.

Any unorganized county of the state, for the purpose of filing and recording all deeds, mortgages, and other instruments, shall be attached to and made a part of the county to which it is attached for judicial purposes as long as such county remains unorganized.

Grants, absolute in terms, are to be recorded in one set of records and mortgages in another.

Wherever in the record of title to real estate, there appears in the chain of title any variation in the spelling of the name of any person appearing in such chain of title, in any instrument affecting the title to the real estate, or where any grantor, mortgagor, vendor, lessor,…

The affidavit provided for in section 47-19-11, duly verified according to law and containing a description of the land to which it relates, may be recorded in the office of the recorder of any county in this state, and such affidavit, when so recorded, shall be prima facie evide…

The proof or acknowledgment of an instrument may be made at any place within this state before a judge, or the clerk, of the supreme court, or a notary public.

The proof or acknowledgment of an instrument may be made in this state within the judicial district, county, subdivision, or city for which the officer was elected or appointed, before: 1. A judge or clerk of a court of record; 2. A mayor of a city; 3. A recorder; 4. A United Sta…

When any officer mentioned in section 47-19-14 is authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy in the name of the principal as deputy, or by such deputy as deputy.

The record of any instrument shall be notice of the contents of the instrument, as it appears of record, as to all persons.

The acknowledgment of an instrument must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness that the person making the acknowledgment is the individual who is described in and who executed the instrument, …