55-1002. FROM WHAT PROPERTY SELECTED. If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse: Provided, that the same premises may not be claimed separately by the husband and wife with the effect of increasing the net value of the homestead available to the marital community beyond the amount specified in section 55-1003, Idaho Code. When the owner is not married, the homestead may consist of any of his or her property.
History:
[55-1002, added 1989, ch. 371, sec. 2, p. 934.]
Structure Idaho Code
Title 55 - PROPERTY IN GENERAL
Section 55-1001 - DEFINITIONS.
Section 55-1002 - FROM WHAT PROPERTY SELECTED.
Section 55-1003 - HOMESTEAD EXEMPTION LIMITED.
Section 55-1005 - TO WHAT JUDGMENTS SUBJECT.
Section 55-1006 - PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.
Section 55-1007 - CONVEYANCE OR ENCUMBRANCE BY HUSBAND AND WIFE.
Section 55-1008 - HOMESTEAD EXEMPT FROM EXECUTION — WHEN PRESUMED VALID.
Section 55-1009 - JUDGMENT AGAINST HOMESTEAD OWNER — LIEN ON EXCESS VALUE OF HOMESTEAD PROPERTY.