28-22 Exemptions

Statutes > North Dakota Statutes > Chapter 28 Judicial Procedure, Civil > 28-22 Exemptions

Loading PDF...

CHAPTER 28-22EXEMPTIONS28-22-01.Property exempt from all process.Except as otherwise provided, theproperty mentioned in this chapter is exempt to the head of a family, as defined by section 28-22-01.1, from attachment, prejudgment, or other mesne process and from levy and sale upon execution and from any other final process issued from any court.28-22-01.1. Head of a family defined. The phrase "head of a family" as used in thischapter means:1.The husband or wife when the claimant is a married person.2.Every person who has residing on the premises with the person and under the person's care and maintenance, any of the following:a.That person's child or the child of that person's deceased spouse, whether by birth or adoption.b.A minor brother or sister or the minor child of a deceased brother or sister.c.A father, mother, grandfather, or grandmother.d.The father or mother or grandfather or grandmother of a deceased husband or wife.e.Any other of the relatives mentioned in this section who have attained the age of majority and are unable to take care of or support themselves.3.Every person who provides support for unmarried minor children of a previous marriage of the person, even though the children do not reside on the premises with the person.28-22-02. Absolute exemption. The property mentioned in this section is absolutelyexempt from all process, levy, or sale:1.All family pictures.2.A pew or other sitting in any house of worship.3.A lot or lots in any burial ground.4.One family Bible or other family primary religious text and all schoolbooks used by the family and all other books used as a part of the family library.5.All wearing apparel, not exceeding five thousand dollars in value, and all clothing of the debtor and the debtor's family.6.The in-kind provisions for the debtor and the debtor's family necessary for one year's supply, either provided or growing, or both, and in-kind fuel necessary for heating the debtor's home or operating the debtor's motor vehicle for one year.7.The homestead as created, defined, and limited by law.8.All crops and grain, both threshed and unthreshed, raised by the debtor on not to exceed one hundred sixty acres [64.75 hectares] of land in one tract occupied by the debtor, either as owner or tenant, as the debtor's home, but the provisions of this subsection in no way affect seed, thresher, or landlord liens, and if the debtor takesPage No. 1advantage of this subsection the debtor may not take any additional alternative exemptions provided under this chapter.9.All insurance benefits resulting from insurance covering any or all of the absolute exemptions if the insurance benefits are in cash or have been invested in other property capable of exemption under this chapter.10.In lieu of the homestead, and subject to the same value limitations that exist with respect to the homestead exemption, any housetrailer or mobile home occupied as a residence by the debtor or the debtor's family, except that it is not exempt from process, levy, or sale for taxes levied on it pursuant to chapter 57-55. This section does not preclude the debtor from claiming a mobile home as a dwelling house as part of the homestead.28-22-03.Additional exemption for head of a family.In addition to the absoluteexemptions mentioned in section 28-22-02, except in subsection 8 thereof, the head of a family, personally or by that person's agent, may select from that person's other personal property, any goods, chattels, merchandise, money, and other personal property not exceeding in value the sum of seven thousand five hundred dollars, which also is exempt from all attachment or mesne process, levy and sale upon execution, and any other final process issued from any court. The exemption under this section may not be used to exempt a real estate interest of any kind.28-22-03.1. Additional exemptions for residents. In addition to the exemptions fromall attachment or process, levy and sale upon execution, and any other final process issued from any court, otherwise provided by law, a resident of the state may select:1.In lieu of the homestead exemption, up to seven thousand five hundred dollars. This exemption is not available if the resident exemption claimant, the spouse of the resident exemption claimant, or other head of the family of the resident exemption claimant has chosen the homestead exemption provided for under subsection 7 of section 28-22-02.2.A motor vehicle exemption in one vehicle not to exceed two thousand nine hundred fifty dollars in value over security interests and liens upon that vehicle, or a motor vehicle exemption in one vehicle not to exceed thirty-two thousand dollars for a motor vehicle that has been modified at a cost of not less than one thousand five hundred dollars to accommodate an individual with a permanent physical disability who is the owner of that motor vehicle.3.The debtor's aggregate interest, not to exceed one thousand five hundred dollars in value, in any tools, implements, or professional books of the trade of the debtor or the trade of a dependent of the debtor.4.Any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract.5.The debtor's aggregate interest, not to exceed in value eight thousand dollars less any amount of property transferred in the manner specified in 11 U.S.C. 542(d), in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.6.Professionally prescribed health aids for the debtor or a dependent of the debtor.7.Retirement funds that have been in effect for at least one year, to the extent those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986. The value of those assets exempted may not exceed one hundred thousand dollars for any one account or two hundred thousand dollars in aggregate for all accounts. The dollarPage No. 2limit does not apply to the extent this property is reasonably necessary for the support of the resident and that resident's dependents. Retirement funds are not exempt from enforcement of any order to pay spousal support or child support, or a qualified domestic relations order under sections 15-39.1-12.2, 39-03.1-14.2, and 54-52-17.6.As used in this subsection, "reasonably necessary for the support"means required to meet present and future needs, as determined by the court after consideration of the resident's responsibilities and all the present and anticipated property and income of the resident, including that which is exempt.8.The debtor's right to receive:a.A social security benefit, except that the benefit is not exempt for enforcement of any order for the support of a dependent child.b.Veteran's disability pension benefits, not including military retirement pay, except that the benefits are not exempt from process levy or sale for enforcement of any order for the support of a dependent child.c.A disability, illness, or unemployment benefit.d.Alimony, support, or separate maintenance, but not property settlements, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.e.A payment under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor, unless:(1)That plan or contract was established by or under the auspices of an insider that employed the debtor at the time the debtor's rights under that plan or contract arose;(2)That payment is on account of age or length of service; and(3)That plan or contract does not qualify under section 401(a), 403(a), 403(b), or 408 of the Internal Revenue Code of 1986.9.The debtor's right to receive, or property that is traceable to:a.An award under a crime victim's reparation law.b.A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.c.A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.d.A payment, not to exceed eighteen thousand four hundred fifty dollars, on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent.e.A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.Page No. 328-22-04. Specific alternative exemptions. Repealed by S.L. 2009, ch. 276, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

Find Legal Information

North Dakota Codes and Statutes

28-22 Exemptions