Current through L. 2024, ch. 259
Section 33-1103 - Homestead exemption; extent of exemption; exceptionsA. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with: 1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance.2. A lien for labor or materials claimed pursuant to section 33-981.3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies: (a) An arrearage has been reduced to judgment.(b) A lien exists pursuant to section 25-516.(c) The court orders a specific security interest of the property for support.4. A recorded civil judgment or other nonconsensual lien that is not otherwise prescribed in this subsection if the debtor's equity in the real property exceeds the homestead exemption under section 33-1101.B. A sale as described in subsection A of this section and not excepted by subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an interest in the homestead property, whether made under a judgment existing before or after the homestead is established.C. In a contempt proceeding brought to enforce payment of any form of child support or spousal maintenance, the court may consider the portion of property claimed as exempt pursuant to section 33-1101, subsection A, as a resource from which an obligor has the ability to pay.Amended by L. 2021, ch. 368,s. 4, eff. 9/29/2021.