561.21  Debts for which homestead liable.

The homestead may be sold to satisfy debts of each of the following classes:

1.  Those contracted prior to its acquisition, but then only to satisfy a deficiency remaining after exhausting the other property of the debtor, liable to execution.

2.  Those created by written contract by persons having the power to convey, expressly stipulating that it shall be liable, but then only for a deficiency remaining after exhausting all other property pledged by the same contract for the payment of the debt.

3.  Those incurred for work done or material furnished exclusively for the improvement of the homestead.

4.  If there is no survivor or issue, for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.

Section History: Early form

  [C51, § 1248, 1249, 1265; R60, § 2280, 2281, 2297; C73, § 1991--1993, 2009; C97, § 2975, 2976, 2986; C24, 27, 31, 35, 39, § 10155; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 561.21]

Footnotes

  Homestead acquired with pension funds, § 627.9

  Liability for assistance furnished poor person, § 252.14


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