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Homestead exemption

Recent legislation makes it more clear than ever that judgment liens do not attach to a homestead.  This is true even after the death of the homesteader as long has the land is passed to his spouse or children. You used to have to Plat the homsetead to remove judgment liens.  Now an affidavit will suffice. Remember, Iowa Code section 561.16 provides that the homestead is exempt only as to debts incurred subsequently to its acquisition.  So, if the judgment concerns a debt that was incurred prior to the purchase and occupation of the homsetead, you can't get rid of its lien by affidavit. You don't have to worry about the house going to pay the credit card debts in an estate anymore as the spouse and kids can inherit the property free and clear of liens and claims, even those which have been reduced to judgment  ...read more

By Joseph Lapointe Attorney At Law February 28, 2011

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