Email this page to a friendIdaho Exemptions
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
A homestead may consist of the dwelling house or the mobile home, with the appurtenant buildings and surrounding land, in which the owner resides or intend to reside. It may also include unimproved land owned by an individual with an intent to place a house or mobile home thereon which is intended to be used as the individual's residence. The amount of homestead which may be exempt from attachment and from execution or forced sale for the debts of the owner may not exceed the lesser of (i) the total net value of the lands, mobile home, and improvements as described in section 55-1001, Idaho Code; or (ii) the sum of$50,000.00. (I.C. 55-5003, 55-1008.) Property that is occupied by the owner as his principal residence is generally automatically exempt from all legal process to the extent allowed by law. (I.C. 55-1004(1).) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. (I.C. 55-1004(2).)
Personal property may be exempt from execution or forced sale under any legal process either with limitations or without limitations. Some of the personal property which may be exempt without limitation include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or to sustain health, social security benefits, veteran's benefits, federal, state or local public assistance, benefits payable for medical, surgical or hospital care, and state unemployment compensation. (I.C. 11-603.)
Those property which are exempt only as to limited value may be divided into two groups: one that is to the extent that it is reasonably necessary for the support of the debtor and his dependents, and one that is subject to value limitation. Disability or illness benefits, alimony, support or separate maintenance, insurance, settlement or judgment proceeds accrued as a result of bodily injury or wrongful death of an individual of whom the debtor was or is a dependent, insurance proceeds if the debtor is the spouse or dependent of the insured, are exempt to the extent reasonably necessary for the support of the debtor and his dependent. These exemptions may be lost if the debtor commingles the funds with other funds. (I.C. 11-604.) In addition, retirement income to which citizens of Idaho are, or may be, entitled are protected from execution or garnishment. (I.C. 11-604A.)
Property that are subject to limited value may include furnishings and applicants, one firearm, wearing apparel, household pets, books, and musical instruments, family portraits and heirlooms, which are limited to a value not exceeding $500.00 on any one item, or not to exceed an aggregate value of $4,000.00; jewelry not to exceed an aggregate value of $250.00; professional books and tools of the trade not to exceed an aggregate value of $1,000.00; and one automobile not to exceed $1,500 in value. (I.C. 11-605.)
If certain exempt property are destroyed or damaged and the debtor has been indemnified for it, the debtor is entitled to exemption of the proceeds, to the extent of the value allowed under the I.C. 11-605, provided that they are traceable for three (3) months after the proceeds are received. (I.C. 11-606.)
In a bankruptcy proceeding, a debtor, who is a resident of Idaho, is not permitted to elect the exemptions provided under the federal Bankruptcy Code even though the federal exemptions may be beneficial in his situation. An individual debtor may exempt from property of the estate only such property as is specified under the laws of the State of Idaho. (I.C. 11-609.)
Title 55. Property in General
Chapter 10. Homesteads
§ 55-1001. DefinitionsFor purposes of this chapter:
(1) “Dwelling house” and “mobile home” include manufactured housing.
(2) “Homestead” means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved; or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as a principal home for the owner.
(3) “Net value” means market value less all liens and encumbrances.
(4) “Owner” includes, but is not limited to, a purchaser under a deed of trust, mortgage, or contract, or a person who takes the subject property under a life estate.
§ 55-1002. From what property selected
If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse: Provided, that the same premises may not be claimed separately by the husband and wife with the effect of increasing the net value of the homestead available to the marital community beyond the amount specified in section 55-1003, Idaho Code. When the owner is not married, the homestead may consist of any of his or her property.
§ 55-1003. Homestead exemption limited
A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the lesser of (i) the total net value of the lands, mobile home, and improvements as described in section 55-1001, Idaho Code; or (ii) the sum of one hundred thousand dollars ($100,000).
§ 55-1004. Automatic homestead exemption--Conditions--Declaration of homestead--Declaration of abandonment
(1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required in this section are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in section 55-1006, Idaho Code.
(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recorder of the county in which the land is located.
(3) The declaration of homestead must contain:
(a) A statement that the person making it is residing on the premises or intends to reside thereon and claims the premises as a homestead;
(b) A legal description of the premises; and
(c) An estimate of the premises actual cash value.
(4) The declaration of abandonment must contain:
(a) A statement that a premises occupied as a residence or claimed as a homestead no longer constitutes the owner's homestead;
(b) A legal description of the premises; and
(c) A statement of the date of abandonment.
(5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.
§ 55-1005. To what judgments subject
The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.
(2) On debts secured by mechanic's, laborer's or vendor's lien upon the premises.
(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.
(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.
§ 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.
§ 55-1007. Conveyance or encumbrance by husband and wife
The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife, except that a husband or a wife or both jointly may make and execute powers of attorney for the conveyance or encumbrance of the homestead.
§ 55-1008. Homestead exempt from execution--When presumed valid
(1) Except as provided in section 55-1005, Idaho Code, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in section 55-1003, Idaho Code. The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in section 55-1003, Idaho Code, shall likewise be exempt for one (1) year from receipt, and also such new homestead acquired with such proceeds.
(2) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county in which the homestead is situated.
§ 55-1009. Judgment against homestead owner--Lien on excess value of homestead property
A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recorder of the county where the property is located.
§ 55-1010. Liability for debts of owner
The homestead shall not be held liable for the debts of the owner, except as provided in this title or in section 56-218, Idaho Code.
§ 55-1011. Exemption of pension money and retirement or profit-sharing benefits from legal processes
(1) Except as provided in subsection (2) of this section, any money or other assets payable to a participant or beneficiary from or any interest of any participant or beneficiary in, a retirement or profit-sharing plan that is qualified under sections 401(a) [FN1], 403(a) [FN2], 403(b), 408 [FN3], 408A [FN4] or 409 [FN5] of the internal revenue code, as amended, is exempt from all claims of judgment creditors of the beneficiary or participant arising out of a negligent or otherwise wrongful act or omission of the beneficiary or participant resulting in monetary damages to the judgment creditor. The exemption provided by this subsection shall be in addition to that provided in this chapter.
(2) Any plan or arrangement described in subsection (1) of this section is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor, other than the department of health and welfare, or the alternate payee. As used in this subsection, the terms “alternate payee” and “qualified domestic relations order” have the meanings ascribed to them in section 414(p) of the internal revenue code of 1986 [FN6].
(3) The provisions of subsection (1) of this section apply to any proceeding that is filed on or after July 1, 1988.
Title 11. Enforcement of Judgments in Civil Actions
Chapter 6. Exemption of Property from Attachment or Levy
§ 11-601. DefinitionsAs used in this act, unless the context otherwise requires:
(1) “Individual” means a natural person and not an artificial person such as a corporation, partnership, or other entity created by law.
(2) “Dependent” means an individual who derives support primarily from another individual.
§ 11-602. Protection of property of residents and nonresidents
(1) Residents of this state are entitled to the exemptions provided by this act. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence.
(2) The term “resident” means an individual who intends to maintain his home in this state.
§ 11-603. Property exempt without limitation
An individual is entitled to exemption of the following property:
(1) a burial plot for the individual and his family;
(2) health aids reasonably necessary to enable the individual or a dependent to work or to sustain health;
(3) benefits the individual is entitled to receive under federal social security, or veteran's benefits, except the restrictions under this subsection shall not apply to enforcement of an order for the support of any person by execution, garnishment, or wage withholding under chapter 12, title 7, Idaho Code;
(4) benefits the individual is entitled to receive under federal, state, or local public assistance legislation;
(5) benefits payable for medical, surgical, or hospital care;
(6) state unemployment compensation to the extent provided for in section 72-1375, Idaho Code.
§ 11-604. Property exempt to extent reasonably necessary for support
(1) An individual is entitled to exemption of the following property to the extent reasonably necessary for the support of him and his dependents:
(a) benefits paid or payable by reason of disability or illness;
(b) money or personal property received, and rights to receive money or personal property for alimony, support, or separate maintenance;
(c) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent; and
(d) proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured.
(2) The phrase “property to the extent reasonably necessary for the support of him and his dependents” means property required to meet the present and anticipated needs of the individual and his dependents, as determined by the court after consideration of the individual's responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.
(3) The exemptions allowed by this section shall be lost immediately upon the commingling of any of the funds or amounts described in this section with any other funds.
§ 11-604A. Pension money exempt
(1) It is the policy of the state of Idaho to ensure the well-being of its citizens by protecting retirement income to which they are or may become entitled. For that purpose generally and pursuant to the authority granted to the state of Idaho under 11 U.S.C. section 522(b)(2), the exemptions in this section relating to retirement benefits are provided.
(2) Unless otherwise provided by federal law, any money received by any citizen of the state of Idaho as a pension from the government of the United States, whether the money be in the actual possession of a citizen or be deposited or loaned, shall be exempt from execution, attachment, garnishment, seizure, or other levy by or under any legal process whatever. When a debtor dies, or absconds, and leaves his family any money exempted by this subsection, the money shall be exempt to the family as provided in this subsection. This subsection shall not apply to any child support collection actions, if otherwise permitted by federal law.
(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Idaho under any employee benefit plan, and any fund created by the benefit plan or arrangement, shall be exempt from execution, attachment, garnishment, seizure, or other levy by or under any legal process whatever. This subsection shall not apply to any child support collection actions, if otherwise permitted by federal law. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in the plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for those orders under the plan, or, in the case of benefits payable under a plan described in sections 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before January 1, 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides for maintenance or support. This subsection shall not prohibit actions against an employee benefit plan or fund for valid obligations incurred by the plan or fund for the benefit of the plan or fund.
(4) For the purposes of this section, the term “employee benefit plan” means:
(a) Assets held, payments made, and amounts payable under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract, providing benefits by reason of age, illness, disability, or length of service;
(b) Any plan or arrangement, whether funded by a trust, an annuity contract, an insurance contract, or an individual account, that is described in sections 401(a), 403(a), 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before January 1, 1984. The term “employee benefit plan” also means any rights accruing on account of money paid currently or in advance pursuant to a college savings program described in chapter 54, title 33, Idaho Code.
(5) An employee benefit plan shall be deemed to be a spendthrift trust, regardless of the source of funds, the relationship between the beneficiary and the trustee or custodian of the plan, or the ability of the debtor to withdraw, borrow or otherwise become entitled to benefits from the plan before retirement. This subsection shall permit benefits under any such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in the plan to the extent expressly provided for in a qualified domestic relations order that meets the requirements for those orders under the plan, or, in the case of benefits payable under a plan described in sections 403(b), 408, 408A or 457 of the Internal Revenue Code of 1986, as amended, or section 409 of the Internal Revenue Code as in effect before 1984, to the extent provided in any order issued by a court of competent jurisdiction that provides home maintenance or support.
(6) Unless contrary to applicable federal law, nothing contained in subsection (3), (4) or (5) of this section shall be construed as a termination or limitation of a spouse's community property interest in an individual retirement account held in the name of, or on account of, the other spouse, the “account holder spouse.” At the death of the nonaccount holder spouse, the account holder spouse may transfer or distribute the community property interest of the nonaccount holder spouse in the account holder spouse's individual retirement account to the nonaccount holder spouse's estate, testamentary trust, inter vivos trust, or other successor or successors pursuant to the last will of the nonaccount holder spouse, or the law of intestate succession if applicable, and that distributee may, but shall not be required to, obtain an order from a court of competent jurisdiction, including a nonjudicial dispute resolution agreement, or other order, entered to confirm the distribution. For purposes of subsection (3) of this section, the distributee of the nonaccount holder spouse's community property interest in an individual retirement account shall be considered a person entitled to the full protection of subsection (3) of this section. The nonaccount holder spouse's consent to a beneficiary designation by the account holder spouse with respect to an individual retirement account shall not, absent clear and convincing evidence to the contrary, be deemed a release, gift, relinquishment, termination, limitation or transfer of the nonaccount holder spouse's community property interest in an individual retirement account. For purposes of this subsection, the term “nonaccount holder spouse” means the spouse of the person in whose name the individual retirement account is maintained. The term “individual retirement account” includes an individual retirement account and an individual retirement annuity both as described in section 408 of the Internal Revenue Code of 1986, as amended, a Roth individual retirement account as described in section 408A of the Internal Revenue Code of 1986, as amended, and an individual retirement bond as described in section 409 of the Internal Revenue Code as in effect before January 1, 1984.
§ 11-605. Exemptions of personal property subject to value limitations
(1) An individual is entitled to exemption of the following property to the extent of a value not exceeding five hundred dollars ($500) on any one (1) item of property and not to exceed a total value of five thousand dollars ($5,000) for all items exempted under this subsection:
(a) Household furnishings, household goods, and appliances held primarily for the personal, family, or household use of the individual or a dependent of the individual;
(b) If reasonably held for the personal use of the individual or a dependent, wearing apparel, animals, books, and musical instruments; and
(c) Family portraits and heirlooms of particular sentimental value to the individual.
(2) An individual is entitled to exemption of jewelry, not exceeding one thousand dollars ($1,000) in aggregate value, if held for the personal use of the individual.
(3) An individual is entitled to exemption, not exceeding one thousand five hundred dollars ($1,500) in aggregate value, of implements, professional books, and tools of the trade; and to an exemption of one (1) motor vehicle to the extent of a value not exceeding five thousand dollars ($5,000).
(4) All courthouses, jails, public offices and buildings, schoolhouses, lots, grounds and personal property appertaining thereto, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, or for the use of schools, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state. No article or species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price or upon a mortgage thereon.
(5) All arms, uniforms and accouterments required for the use of an individual as a peace officer, a member of the national guard or military service.
(6) A water right not to exceed one hundred sixty (160) inches of water used for the irrigation of lands actually cultivated by the individual, and the crop or crops growing or grown on fifty (50) acres of land, leased, owned or possessed by an individual cultivating the same, provided, that the amount of the crops so exempted shall not exceed the value of one thousand dollars ($1,000).
(7) An individual is entitled to exemption of one (1) firearm valued at less than five hundred dollars ($500).
(8) Any unmatured life insurance contract owned by an individual, other than a credit life insurance contract.
(9) An individual's aggregate interest, not to exceed five thousand dollars ($5,000) in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the individual under which the insured is the individual or a person of whom the individual is a dependent.
(10) An individual's aggregate interest in any tangible personal property, not to exceed the value of eight hundred dollars ($800).
§ 11-606. Tracing exempt property
(1) If property, or a part thereof, that could have been claimed as exempt, such as, a burial plot under subsection (1) of section 11-603, Idaho Code, a health aid under subsection (2) of section 11-603, Idaho Code, or personal property subject to a value limitation under paragraph (a) or (b) of subsection (1) or subsection (3) of section 11-605, Idaho Code, has been taken by condemnation, or has been lost, damaged, or destroyed, and the owner has been indemnified therefore, the individual is entitled to an exemption of proceeds that are traceable for three (3) months after the proceeds are received. The exemption of proceeds under this subsection does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under section 11-605, Idaho Code.
§ 11-607. Claims enforceable against exempt property
(1) Notwithstanding other provisions of this act:
(a) A creditor may make a levy against exempt property except property described in section 11-603, Idaho Code, to enforce a claim for:
1. Alimony, support, or maintenance;
2. Unpaid earnings of up to one (1) month's compensation or the full-time equivalent of one (1) month's compensation for personal services of an employee;
3. State or local taxes;
4. Civil damages for offenses punishable by imprisonment in the state penitentiary, or for malicious or intentional injury to persons or property, or for damages resulting from the operation of a motor vehicle for which the defendant is convicted of reckless driving, driving while under the influence of intoxicating liquor or drugs, or driving while driver's license has been suspended or revoked, or claims for obtaining money or property by false pretenses or on credit by intentionally making materially false statements in writing respecting financial condition; or
5. Rent for any kind of dwelling place; claims for food and lodging; and
(b) A creditor may make a levy against exempt property to enforce a claim for:
1. The purchase price of the property or a loan made for the express purpose of enabling an individual to purchase property and used for that purpose; and
2. Labor or materials furnished to make, repair, improve, preserve, store, or transport the property.
(c) The department of health and welfare, bureau of child support enforcement may make a levy against exempt property described in subsection (6) of section 11-603, Idaho Code, to enforce a claim for child support or spousal support as defined in chapter 12, title 7, Idaho Code.
(2) This act does not affect any statutory lien or security interest in exempt property. Such a security agreement shall not be invalidated in or affected by any legal proceedings, including those under the federal bankruptcy act, involving the debtor.
§ 11-608. Claim of exemption
Any person entitled to an exemption under this chapter may claim such exemption in the manner provided in section 11-203, Idaho Code.
§ 11-609. Nonauthorization of federal bankruptcy exemptions
In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this state.
