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North Dakota Homestead Laws

Each state offers a homestead exemption for struggling homeowners going through bankruptcy that prevents creditors from seizing their primary residence. When a property owner files for bankruptcy, he or she may declare a portion of their equity as a homestead, typically with a limit on equity value and/or square footage. The federal government also offers homestead protections, which actually cover more types of property than most state laws, but homeowners may not claim both exemptions.

Brief Overview of North Dakota Homestead Protection Laws

Details about North Dakota's homestead protection law are listed in the following box. See FindLaw's Bankruptcy section for related articles.

Code Section 47-18-01
Max. Property Value That May Be Designated 'Homestead' $1000,000 ("over and above liens and/or encumbrances")
Maximum Acreage (Urban) N/A
Maximum Acreage (Rural) N/A
When a Homestead is Subject to a Forced Sale 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.
Misc. 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.   

Note: State laws may change at any time in a number of different ways, typically through the enactment of signed legislation or changes in the law brought about by higher court decisions. In any event, you may want to contact a North Dakota bankruptcy attorney or conduct your own legal research to verify the state law(s) you are researching.

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