Idaho Code
Idaho Code § 55-1003 (2026)
Homestead exemption limited.
✓ current as of May 2026
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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 sum of one hundred seventy-five thousand dollars ($175,000).
Notes of Decisions
Cited in 37
cases (4 in the last 5 years), 1990–2022 · leading case: In Re Cerchione, 398 B.R. 699 (Bankr. D. Idaho 2009).
In Re Cerchione, 398 B.R. 699 (Bankr. D. Idaho 2009). “In their schedule C, filed on August 25, 2008, they claimed a homestead exemption on a house pursuant to Idaho Code § 55-1003 , for the maximum amount allowed by the statute, $100,000.”
Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009). “In their schedules, they claimed an exemption in the Property of $100,000, the maximum allowed under Idaho Code § 55-1003 . The Cerchiones claimed an ownership interest in the Property in their Schedules A and D, and valued it at $280,000, subject to the Bank’s secured claim in…”
In Re Kline, 350 B.R. 497 (Bankr. D. Idaho 2005). “On their Schedule C, Debtors claimed a homestead exemption in the Lava cabin under Idaho Code § 55-1003 for its full value of $21,600.”
In Re Marriott, 427 B.R. 887 (Bankr. D. Idaho 2010). “Debtor claimed the Sale Proceeds exempt on schedule C under both Idaho Code §§ 55-1003 and ll-604(l)(b). On September 3, 2009, the state court held a trial, after which it announced its oral ruling.”
In Re Capps, 438 B.R. 668 (Bankr. D. Idaho 2010). “Idaho Code § 55-1003 . As can be seen, the statute is silent regarding its extraterritorial reach.”
Hopkins v. Idaho State Univ. Credit Union (In Re Herter), 456 B.R. 455 (Bankr. D. Idaho 2011). “Idaho Code § 55-1003 . That protection extends to the entire homestead, and a married debtor may protect “the community or jointly owned property of the spouses or the separate property of either spouse.”
In Re Cavanaugh, 175 B.R. 369 (Bankr. D. Idaho 1994). “Idaho Code § 55-1004 provides in relevant part: (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…”
In Re Johnson, 262 B.R. 831 (Bankr. D. Idaho 2001). “Idaho Code § 55-1003 . Here Debtor’s have at most approximately $24,000 in equity in the home after the tax lien and deed of trust are considered.”
In Re Moore, 269 B.R. 864 (Bankr. D. Idaho 2001). “An amended schedule C was filed on April 16, 2001, declaring a homestead exemption under Idaho Code § 55-1003 on the Franklin Property, which was now described as a “business/residence.”
In re Johns, 504 B.R. 657 (Bankr. D. Idaho 2014). “In amended schedules, Debtors claim as exempt under Idaho Code § 55-1003 , the “[i]m-proved real property used as debtors residence, commonly described as 519 State Street and 525 State Street and all contiguous land, City of Juliaetta, County of Latah, State of Idaho[.”
United States v. Hart (In re Hart), 563 B.R. 15 (Bankr. D. Idaho 2016). “Hart that same day filed an amended schedule C claiming a $69,457 homestead exemption under Idaho Code § 55-1003 . Ex. 146. Hart filed a declaration a month later in which he addressed this change in his sworn disclosures.”
In Re Wiley, 352 B.R. 716 (Bankr. D. Idaho 2006). “Idaho Code § 55-1003 . The “homestead” includes the “dwelling house” in which the owner resides or intends to reside, “with appurtenant buildings,” as well as “the land on which the same are situated and by which the same are surrounded, or improved!.”
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