There is a newer version of the North Dakota Century Code
2009 North Dakota Code
47 Property
47-18 Homestead
Download pdfresides, and the dwelling house on that land in which the homestead claimant resides, with all its
appurtenances, and all other improvements on the land, the total not to exceed one hundred
thousand dollars in value, over and above liens or encumbrances or both. The homestead shall
be exempt from judgment lien and from execution or forced sale, except as otherwise provided in
this chapter. The homestead may not embrace different lots or tracts of land unless the lots or
tracts of land are contiguous. For purposes of this section, "contiguous" means two or more
tracts of real property which share a common point or which would share a common point but for
an intervening road or right of way. 47-18-02. Head of family defined. Repealed by S.L. 1979, ch. 488, § 7. 47-18-03. Selection of homestead exemption. 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. 47-18-04. When homestead subject to execution. 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
same. 2. On debts secured by mortgage on the premises executed and acknowledged by
both husband and wife, or an unmarried claimant. 3. On debts created for the purchase thereof and for all taxes accruing and levied
thereon. 4. On all other debts when, upon an appraisal as provided by section 47-18-06, it
appears that the value of the homestead is more than one hundred thousand dollars
over and above liens or encumbrances on the homestead, and then only to the
extent of any value in excess of the sum total of the liens and encumbrances plus
said one hundred thousand dollars. 47-18-05. Homestead - How conveyed. 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 required - Exemption for platted property. 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 exempt from judicial sale and that, by signing this
contract, I voluntarily give up my right to this protection for this property with
respect to claims based upon this contract. This statement must be immediately followed by the date and the signature of the
person to indicate that the person is specifically and knowingly waiving the Page No. 1 exemption, which must be a separate signature from that person's signature to the
entire mortgage contract. 2. This section does not apply to a mortgage on property less than forty acres [16.19
hectares]. 47-18-06. Homestead - When appraised. 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 homestead is situated for the appointment of persons to
appraise the value thereof. 47-18-07. Application for appraisers. 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. 47-18-08. Petition for appraisal - When filed. 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 the hearing. 47-18-09. Appointment of appraisers. 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. 47-18-10. Duties of appraisers. 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 divided without material injury. 47-18-11. Appraisers' report to judge of district court. 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. 47-18-12. Division of homestead. 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 value to the homestead exemption. The execution may be enforced
against the remainder of the real property. 47-18-13. Sale of homestead. 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. At such sale no bid must be received unless it exceeds the
amount of the homestead exemption. 47-18-14. Proceeds of sale exempt - Disposition. 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 Page No. 2 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 spouse is living, the court may direct that the
one hundred thousand dollars be deposited in court to be paid out only on the joint receipt of the
husband and wife, and it shall possess all the protection against legal process and voluntary
disposition by either spouse as did the original homestead premises whether paid directly to the
claimant or to the husband and wife jointly. 47-18-15. Fees of appraisers. 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, the amount paid must be added as costs on execution and
collected accordingly. 47-18-16. Proceeds of sale exempt. 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 homestead exemption, for a period of one year from the date of
the conveyance, is entitled thereafter to the same protection against legal process as the law
gives to the homestead. 47-18-17. Who may make declaration of homestead. 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. 47-18-18. Declaration of homestead - How executed and acknowledged. 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 of homestead. Filing for record in the recorder's office of the county where the homestead is located a certified copy with the legal description of the discharge constitutes notice that the property is a
homestead and exempt from judgments. 47-18-19. Contents of declaration of homestead. 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. 47-18-20. Recording of declaration of homestead. A declaration of homestead must be recorded in the office of the recorder of the county in which the land is situated. 47-18-21. Effect of sale of homestead. 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. 47-18-22. Conveyance in case of mental illness. 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 representative of the owner, and upon due proof
of such mental illness, permitting the owner, or if the owner is deceased, the administrator or
executor or legal representative of the owner, to sell and convey or mortgage the homestead. Page No. 3 47-18-23. Requisites of a petition in case of mental illness. 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 subscribed and sworn to by the
applicant, setting forth: 1. The name and age of the mentally ill husband or wife. 2. The number, age, and sex of the children of such husband or wife. 3. A description of the premises constituting the homestead. 4. The value of the homestead. 5. The county in which the homestead is situated. 6. Such facts, in addition to that of the mental illness of the husband or wife, relating to
the circumstances or necessities of the applicant and the applicant's family as the
applicant may rely upon in support of the petition. 47-18-24. Notice of application to convey homestead in case of mental illness - Service. 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. 47-18-25. Order of sale or mortgage recorded with recorder. 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. 47-18-26. Sale of homestead - Court may direct disposition of funds. 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 such husband or wife
dies while mentally ill, the sum so set aside reverts to the surviving husband or wife. If the
mentally ill husband or wife survives, then such sum shall descend in accordance with the laws of
succession as provided in title 30.1. 47-18-27. Conveyance of homestead when spouse is mentally ill - Validity. 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. 47-18-28. Appeal from order to district court. 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. 47-18-29. Homestead may be devised subject to homestead estate. 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. Page No. 4 Document Outline chapter 47-18 homestead
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.