Few things are as sacred as one's own home, so thankfully there are laws that help prevent struggling homeowners from losing their primary residence when seeking bankruptcy protection. These so-called homestead protection laws permit property owners to declare a portion of their property a "homestead" and thus off limits to creditors. States limit the amount that may be exempted by acreage or property value and typically allow for a much greater exemption (by acreage) of rural properties, since they are often used for agricultural purposes. As long as the exemption is for your primary residence (i.e. not a vacation home), creditors may not seize it to satisfy debts.
Brief Overview of Idaho Homestead Protection Laws
Under Idaho's homestead statute, property owners may designate $100,000 worth of their property (including all land, homes, mobile homes, improvements, etc.) as a homestead. While married couples may not double that amount (as in some other states), it's a fairly generous limit.
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|Code Section||55-1001, 1003|
|Max. Property Value That May Be Designated 'Homestead'||Lesser of $100,000 or total net value of lands, mobile home, or improvements. Net value means market value minus all liens and encumbrances. Married couples may not double this limit.
|Maximum Acreage (Urban)||-|
|Maximum Acreage (Rural)||-|
Note: State laws may change at any time through the enactment of newly signed legislation, the passage of ballot initiatives, and other means. While we strive to ensure the accuracy of these pages, you may also want to contact an Idaho bankruptcy attorney or conduct your own legal research to verify the state law(s) you are researching.
Federal Homestead Exemptions at a Glance
Idaho imposes a $100,000 limit on homestead exemptions, significantly more than the federal exemption amount of $22,975 (current as of 2015). Additionally, the federal exemption may be applied to burial plots and mobile homes as well as homes. Married couples may double this exemption to $45,950. But even though Idaho does not allow a doubling of this amount for married couples, it still allows a higher limit than the federal government.
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Idaho Homestead Laws: Related Resources
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