Printable Format60-2302. Designation of homestead. Whenever any levy shall be made upon the lands or tenements of a householder whose homestead has not been selected and set apart, such householder, the householder or householder's spouse, when the marriage relationship exists, or an agent or attorney of the householder may notify the officer in writing at the time of making such levy, or at any time before the sale, of what the householder regards as the homestead, with a description thereof, and the remainder alone shall be subject to sale under such levy.
History: L. 1963, ch. 303, 60-2302; L. 1975, ch. 52, § 21; L. 1980, ch. 176, § 3; April 26.
Source or prior law:
G.S. 1868, ch. 38, § 2; R.S. 1923, 60-3502.
Cross References to Related Sections:
Constitutional homestead exemption, see Kansas Constitution, article 15, § 9.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3502 and the 1961 Supp. thereto.
1. Cited; certain property properly set aside as exempt in bankruptcy case. In re Hamill, 317 F. Supp. 909, 910, 913, 914 (1970).
2. Distinction between "alimony" and "property division" no longer significant; judgment of divorce became lien on marital property awarded to defendant and later claimed as homestead. Bohl v. Bohl, 234 Kan. 227, 229, 231, 670 P.2d 1344 (1983).
3. Joint tenants with homestead interest in tract exceeding 160 acres may exempt only 160 acres. Commerce Bank v. Odell, 16 Kan. App. 2d 704, 705, 706, 827 P.2d 1205 (1992).
4. Under doctrine of constructive occupancy creditor's judgment lien never attached entitling debtors to homestead exemption. In Re McRoy, 204 B.R. 62, 66 (1996).
5. Married but separated persons may not each claim a separate homestead exemption. In re Sauer, 403 B.R. 722 (2009).