THE HOMESTEAD RIGHT
Every person is entitled to $120,000 worth of his or her homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is owned and occupied as a dwelling by the same person but shall not exist in the land upon which the manufactured housing is situated if that land is not also owned by the owner of the manufactured housing.
Source. 1851, 1089:1. CS 196:1. GS 124:1. 1868, 1:33. 1878, 22:1, 2, 3. GL 138:1, 5, 6. PS 138:1. PL 214:1. RL 260:1. 1947, 72:1. 1953, 133:1. RSA 480:1. 1973, 212:1. 1977, 299:1. 1981, 333:1. 1983, 230:15. 1991, 362:5. 1992, 118:1. 2001, 70:1. 2003, 169:1, eff. Jan. 1, 2004. 2015, 57:1, eff. Jan. 1, 2016.
480:2 Repealed by 1973, 212:2, eff. Aug. 11, 1973.
480:3 Repealed by 1961, 96:5, eff. June 19, 1961.
The owner and the husband or wife of the owner are entitled to occupy the homestead right during the owner's lifetime. After the decease of the owner, the surviving wife or husband of the owner is entitled to the homestead right during the lifetime of such survivor.
Source. 1961, 96:1, eff. June 19, 1961.
The homestead right is exempt from attachment during its continuance from levy or sale on execution, and from liability to be encumbered or taken for the payment of debts, except in the following cases:
I. In the collection of taxes;
II. In the enforcement of liens of mechanics and others for debts created in the construction, repair or improvement of the homestead;
III. In the enforcement of mortgages which are made a charge thereon according to law;
IV. In the enforcement of liens filed by homeowner associations or by condominium associations under RSA 356-B, for unpaid assessments against the homestead, including collection costs; and
V. In the levy of executions as provided in this chapter.
Source. 1851, 1089:1, 5. CS 196:1, 5. GS 124:1, 18. 1868, 1:33. GL 138:1, 23. PS 138:3. PL 214:3. RL 260:3. 2014, 169:1, eff. Jan. 1, 2015.
480:5 Repealed by 1961, 96:5, eff. June 19, 1961.
No deed shall convey or encumber the homestead right, except a mortgage made at the time of purchase to secure payment of the purchase money, unless it is executed by the owner and wife or husband, if any, with the formalities required for the conveyance of land.
Source. 1961, 96:2, eff. June 19, 1961.
480:6 Repealed by 1961, 96:5, eff. June 19, 1961.
No devise of the homestead shall affect the estate of the surviving wife or husband in the homestead right.
Source. 1961, 96:3, eff. June 19, 1961.
480:7 Levy, Etc.
The officer required to levy an execution on the debtor's property in which a homestead right may exist may levy the execution and set off or sell said property in accordance with the provisions of RSA 529, subject to any such homestead right.
Source. 1851, 1089:3. CS 196:3. GS 124:5. GL 138:7. PS 138:6. PL 214:6. 1935, 70:1. RL 260:6.
480:8 Repealed by 1961, 96:5, eff. June 19, 1961.
480:8-a Establishing Right.
The superior court, upon petition of the owner of a homestead or the wife or husband surviving such owner, or upon petition of a judgment creditor and such notice as it may order, may appoint appraisers and cause the homestead right to be set off, and a record of the proceedings being made in the registry of deeds, the right shall be established as against all persons.
Source. 1961, 96:4, eff. June 19, 1961.
480:9 Homestead Rights.
A conveyance of real property by deed to one or more trustees of a revocable trust shall not result in the loss of homestead rights of any person executing the deed (unless the deed contains an express release of homestead rights by such person) provided that such retained homestead rights in any such property shall not be enforceable against any other person to the extent such other person acquired an interest in or lien on the property after its conveyance into the trust without having notice of the revocability of the trust. Such notice may be given by the inclusion of the word "revocable" in the name of the trust as recited in the deed, or by the recitation in the deed or a subsequently recorded document that at the time of the conveyance the trust was a revocable trust.
Source. 1997, 97:1, eff. Jan. 1, 1998.