Idaho Statutes

§ 55-1005 — TO WHAT JUDGMENTS SUBJECT

Idaho § 55-1005
JurisdictionIdaho
Title 55PROPERTY IN GENERAL
Ch. 10HOMESTEADS

This text of Idaho § 55-1005 (TO WHAT JUDGMENTS SUBJECT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Code § 55-1005 (2026).

Text

The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1)Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.
(2)On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.
(3)On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.
(4)On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.

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Related

Messenger v. Burns
382 P.2d 913 (Idaho Supreme Court, 1963)
53 case citations
Idaho Falls Consolidated Hospitals, Inc. v. Board of Commissioners
712 P.2d 582 (Idaho Supreme Court, 1985)
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University of Utah Hospital Ex Rel. Scarberry v. Board of County Commissioners
776 P.2d 443 (Idaho Supreme Court, 1989)
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Federal Land Bank v. Parsons
796 P.2d 533 (Idaho Court of Appeals, 1990)
3 case citations
In Re Smith
366 F. Supp. 1213 (D. Idaho, 1973)
2 case citations
Wetzel v. Idaho State Bank
366 F. Supp. 1213 (D. Idaho, 1973)
1 case citations

Legislative History

[55-1005, added 1989, ch. 371, sec. 2, p. 935.]

Nearby Sections

15
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Bluebook (online)
Idaho § 55-1005, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/55-1005.