Section 55-1004 – Idaho State Legislature (2024)

TITLE 55

PROPERTY IN GENERAL

CHAPTER 10

HOMESTEADS

55-1004.Automatic homestead exemption — Conditions — Declaration of homestead — Declaration of abandonment.(1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required in this section are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in section 55-1006, Idaho Code.

(2)An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recorder of the county in which the land is located.

(3)The declaration of homestead must contain:

(a)A statement that the person making it is residing on the premises or intends to reside thereon and claims the premises as a homestead;

(b)A legal description of the premises; and

(c)An estimate of the premises actual cash value.

(4)The declaration of abandonment must contain:

(a)A statement that a premises occupied as a residence or claimed as a homestead no longer constitutes the owner’s homestead;

(b)A legal description of the premises; and

(c)A statement of the date of abandonment.

(5)The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.

History:

[55-1004, added 1989, ch. 371, sec. 2, p. 934.]

Section 55-1004 – Idaho State Legislature (2024)

FAQs

Can you still homestead in Idaho? ›

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.

What is Section 55 1007 in Idaho? ›

The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife, except that a husband or a wife or both jointly may make and execute powers of attorney for the conveyance or encumbrance of the homestead ...

What is the code 55-1003 in Idaho? ›

Search Idaho Statutes

55-1003. Homestead exemption limited. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).

What is disturbing the peace charge in Idaho? ›

(1) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or ...

Who qualifies for homeowners exemption in Idaho? ›

Each owner-occupied primary residence (house or manufactured home) and up to one-acre of land is eligible for a Homestead Exemption. This exemption allows the value of your residence and land up to one-acre be exempted at 50% of the assessed value up to a maximum of $125,000; whichever is less.

How do I homestead my house in Idaho? ›

You apply for this exemption with your county assessor's office, and it determines if you qualify. Once approved, your exemption lasts until the home's ownership changes or you no longer use the home as your primary residence.

Is an inheritance considered community property in Idaho? ›

According to Idaho's statutes, any property that a spouse brings into the marriage is considered separate property. Additionally any inheritance that a spouse receives even if received when married is considered the separate property of the spouse that receives it.

What is the term limit for Hoa in Idaho? ›

Board Term

Term limits for board directors cannot exceed five years. Unless it is stated in the community bylaws, the standard term limit for the board of directors is one year. Directors may be reelected for up to five years.

How do I stop a foreclosure in Idaho? ›

Under Idaho law, you get the right to prevent a foreclosure by reinstating your loan up to 115 days after the recording date of the NOD. To reinstate, you must pay all missed payments, fees, and costs in one lump sum. (Idaho Code § 45-1506).

What is Section 55 301 in Idaho? ›

A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have ...

What is Section 55 403 in Idaho? ›

55-403. Abandoned or unclaimed property in possession of sheriff or city police department — Sale at public auction.

What is Idaho Code 55 104? ›

55-104. Interests in common. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as community property.

Is swearing illegal in Idaho? ›

Technically, yes. We don't want to mislead you into thinking that you absolutely cannot swear in public in Idaho, because that's not the case. However, there are some instances where using lewd language and/or profanity could get you into some trouble with the police.

Is doxxing illegal in Idaho? ›

The act of doxxing or publishing someone else's personal information online without their permission is not expressly against the law in Idaho. That said, there are several doxing-related activities that are illegal in the state.

What time is the noise curfew in Idaho? ›

Prohibited Acts: Between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, it is unlawful for any person to cause, or for any person in possession of property to allow to originate from such ...

What is a homestead in Idaho? ›

(1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not ...

Can you claim land in Idaho? ›

Idaho once had a relatively short, five-year time period after which a continuous trespasser could claim legal title, but it has been expanded to 20 years. The state requires payment of property taxes in order to qualify.

How much is an acre of land worth in Idaho? ›

The pasture value averaged $1,760 per acre, an increase of $110 per acre (6.7%) from 2022. In Idaho, all land values rose an average of 3%, with value of farmland and buildings rising the highest at 10.4% over 2022, or $42,550 per acre (Table 1).

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