§ 510.07 — Sale or Removal Permitted; Insurance Proceeds; Notice
Plain-Language Summary
Allows a homeowner to sell the homestead and keep the sale proceeds exempt from most creditors for one year. Insurance proceeds from a destroyed homestead are likewise exempt for one year. The owner may temporarily move without losing the exemption, but if the home is unoccupied for more than six months, a notice must be filed with the county recorder to preserve the exemption for up to five years.
510.07 SALE OR REMOVAL PERMITTED; INSURANCE PROCEEDS; NOTICE.
The owner may sell and convey the homestead without subjecting it, or the proceeds of such sale for the period of one year after sale, to any judgment or debt from which it was exempt in the owner’s hands, except that the proceeds of the sale are not exempt from a judgment or debt for a court ordered child support or maintenance obligation in arrears. The proceeds of an insurance claim for an exempt homestead are exempt for one year. The owner may remove therefrom without affecting such exemption, if the owner does not thereby abandon the same as the place of abode. If the owner shall cease to occupy such homestead for more than six consecutive months the owner shall be deemed to have abandoned the same unless, within such period, the owner shall file with the county recorder of the county in which it is situated a notice, executed, witnessed, and acknowledged as in the case of a deed, describing the premises and claiming the same as the owner’s homestead. In no case shall the exemption continue more than five years after such filing, unless during some part of the term the premises shall have been occupied as the actual dwelling place of the debtor or the debtor’s family.
History:
(8342) RL s 3458; 1976 c 181 s 2; 1986 c 444; 1987 c 403 art 3 s 75; 1993 c 79 s 3
History: History: (8342) RL s 3458; 1976 c 181 s 2; 1986 c 444; 1987 c 403 art 3 s 75; 1993 c 79 s 3