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.
Idaho Code § 55-1002
From what property selected
Applied in 1 court decision — leading case Hopkins v. Idaho State University Credit Union (In Re Herter) (2011)
Most recently applied in Hopkins v. Idaho State University Credit Union (In Re Herter) (September 2011)
I.C., § 55-1002, as added by 1989, ch. 371, § 2, p. 933.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.