33-1103
|
33-1103. Effective date of homestead exemption; extent of exemption; exceptions A. The homestead provided for in section 33-1101, subsection A is exempt from process and from sale under a judgment or lien, except: 1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance. 2. A lien for labor or materials claimed pursuant to section 33-981. 3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies: (a) An arrearage has been reduced to judgment. (b) A lien exists pursuant to section 25-516. (c) The court orders a specific security interest of the property for support. 4. To the extent that a judgment or other lien may be satisfied from the equity of the debtor exceeding the homestead exemption under section 33-1101. B. A sale as described in subsection A of this section and not excepted by subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an interest in the homestead, whether made under a judgment existing before or after the homestead is established. C. In a contempt proceeding brought to enforce payment of any form of child support or spousal maintenance, the court may consider the portion of property claimed as exempt pursuant to section 33-1101, subsection A, as a resource from which an obligor has the ability to pay. |