IDA LEG Married Debtor Home Exemptions

Published on: Apr 3, 2025

On Apr. 1, IDA LEG reported bill on married homestead exemptions.

  • IDA LEG passed HB 282 re the application of homestead exemptions for those married.
  • Proposed amendments eliminated the marriage penalty for married debtors.
  • Amended IDA LEG 55-1002 from what property selected reg applicable properties.
  • Bill Provisions
  • Currently, the same property cannot be claimed by both spouses, amendments allow for each spouse to separately claim a homestead exemption up to a specified amount.
  • If a homestead property is sold as part of a bankruptcy proceeding, the sales proceeds cannot be shielded from proceedings, unlike good faith homestead property sales.
  • Legislative History
  • On Feb. 20, 2025, bill was introduced in House; on Mar. 3, 2025, bill passed House.
  • On Mar. 4, 2025, bill introduced in the Senate; on Mar. 20, 2025, amended bill passed.
  • On Mar. 26, 2025, House concurred; on Apr. 1, 2025, bill was signed into law.
  • Effectiveness
  • Bill declares that an emergency exists, therefore bill will become effective Jul. 1, 2025.
Regulators
IDA LEG
Entity Types
CNSM; Corp
Reference
Bill HB282, 4/1/2025; IDA LEG 55-102;
Functions
Compliance; Legal; Tax
Countries
United States of America
Category
State
N/A
Products
Corporate; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Apr 1, 2025
Effective Date
Jul 1, 2025
Rule ID
249060
Linked to
N/A
Reg. Last Update
Apr 1, 2025
Report Section
US Consumer