Idaho Code
Idaho Code § 55-1002 (2026)
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✓ current as of May 2026
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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. Each spouse may separately claim a homestead exemption in 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.
Notes of Decisions
Cited in 2
cases, 2006–2011 · leading case: Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011).
Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011). “” Idaho Code § 55-1002 . While other Idaho statutes limit a debtor’s exemption to his undivided interest in property, 9 the homestead exemption statute specifically provides that a debtor may exempt an interest in community property.”
In Re Wiley, 352 B.R. 716 (Bankr. D. Idaho 2006). “Section 55-1002 deals with community property interests in the homestead.”
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