§ 16-66-212 — Right of homestead not lost by failure to schedule - Wife may claim

(a) A debtor's right of homestead shall not be lost or forfeited by his or her omission to select and claim it as exempt before the sale thereof on execution, nor by his or her failure to file a description or schedule of the homestead in the recorder's or clerk's office. (b) The debtor may select and claim his or her homestead after or before its sale on execution and may set up his or her right of homestead when suit is brought against him or her for possession. (c) If a spouse neglects or refuses to make such claim, his or her spouse may intervene and set it up. (d) If the debtor does not reside on his or her homestead and is the owner of more land than he or she is entitled to hold as a homestead, the debtor or his or her spouse, as the case may be, shall select the homestead before sale.

Legislative History

Acts 1887, No. 64, § 2, p. 90; C. & M. Dig., § 5543; Pope's Dig., § 7182; A.S.A. 1947, § 30-210.