TITLE 55

PROPERTY IN GENERAL

CHAPTER 10

HOMESTEADS

55-1006.  Presumption of abandonment — Declaration of nonabandonment. A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated. The declaration of nonabandonment of homestead must contain:

(1)  A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;

(2)  A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner’s absence, and the reason for the absence; and

(3)  A legal description of the homestead property.

History:

[55-1006, added 1989, ch. 371, sec. 2, p. 935.]