Idaho Code
Idaho Code § 55-1001 (2026)
Definitions.
✓ current as of May 2026
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Definitions.
For 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.
Notes of Decisions
Cited in 42
cases (2 in the last 5 years), 1974–2022 · leading case: In Re Cavanaugh, 175 B.R. 369 (Bankr. D. Idaho 1994).
In Re Cavanaugh, 175 B.R. 369 (Bankr. D. Idaho 1994). “HOMESTEAD EXEMPTION Pursuant to Idaho Code §§ 55-1001 1 and 55-1004(1) 2 the debtors have claimed the residence located at 1528 Grelle Avenue, Lewiston, Idaho (the “residence”) as their homestead.”
In Re Moore, 269 B.R. 864 (Bankr. D. Idaho 2001). “Idaho Code § 55-1001 defines a “homestead”: “Homestead” means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside.”
In Re Kline, 350 B.R. 497 (Bankr. D. Idaho 2005). “Idaho Code § 55-1001 (2). Thus, to qualify as a homestead eligible for an exemption, the dwelling house must be one in which the owner resides or intends to reside, and either actually used or intended to be used as the owner’s principal home.”
In Re Capps, 438 B.R. 668 (Bankr. D. Idaho 2010). “Idaho Code § 55-1001 . There are two ways to create a homestead in Idaho: the property may be “occupied as a principal residence by the owner,” or an owner may execute and file a “declaration of homestead” with the county recorder’s office in which the property is located.”
In Re Wiley, 352 B.R. 716 (Bankr. D. Idaho 2006). “Debtors claimed in their schedules the condemnation proceeds were exempt under Idaho Code §§ 55-1001 , 55-1002 and 55-1003.”
Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009). “Analysis of the relevant statutes A “homestead” is defined in Idaho Code § 55-1001 (2) in relevant part as follows: “Homestead” means and consists of the dwelling house .”
In Re Millsap, 122 B.R. 577 (Bankr. D. Idaho 1991). “” Idaho Code § 55-1001 (2) (emphasis supplied).”
In Re LaVelle, 350 B.R. 505 (Bankr. D. Idaho 2005). “They involve the propriety and validity of Debtors’ assertion of a homestead exemption in the Eagle Road Property under Idaho Code § 55-1001 , et seq. The parties sought, and the Court agreed to provide, a ruling on this matter, because the existence and value of an exemption…”
In Re Cerchione, 398 B.R. 699 (Bankr. D. Idaho 2009). “Idaho Code § 55-1001 , et seq.; In re Field, 05.”
In Re Peters, 168 B.R. 710 (Bankr. D. Idaho 1994). “Debtors Thomas and Tina Peters have claimed a homestead exemption, pursuant to Idaho Code § 55-1001 et seq., in their 1989 Windjammer motor home valued at approximately $25,000.”
In re Frantz, 534 B.R. 378 (Bankr. D. Idaho 2015). “They initially claimed a homestead exemption under Idaho Code § 55-1001 , et seq., on their property located in Post Falls, Idaho.”
Ustick v. Ustick, 657 P.2d 1083 (Idaho Ct. App. 1983). “See I.C. §§ 55-1001, 55-1004. The attorney’s claim of lien was asserted against proceeds derived from a sale of personal property (cattle) belonging to the husband and apparently either awarded or confirmed to him in the divorce action.”
— Idaho Code § 55-1001(2) — 4 cases
In Re Kline, 350 B.R. 497 (Bankr. D. Idaho 2005). “Idaho Code § 55-1001 (2). Thus, to qualify as a homestead eligible for an exemption, the dwelling house must be one in which the owner resides or intends to reside, and either actually used or intended to be used as the owner’s principal home.”
In Re Tiffany, 106 B.R. 213 (Bankr. D. Idaho 1989).
In Re Koopal, 226 B.R. 888 (Bankr. D. Idaho 1998).
In Re Antonie, 447 B.R. 610 (Bankr. D. Idaho 2011).
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