Idaho Code
Idaho Code § 55-1005 (2026)
To what judgments subject.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 10
cases, 1963–2020 · leading case: Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009).
Hopkins v. Cerchione (In Re Cerchione), 414 B.R. 540 (9th Cir. BAP 2009). “Since Idaho Code § 55-1008 (1) includes specific references to Idaho Code § 55-1005 , with its exceptions to homestead exemption protection, and Idaho Code § 55-1003 , restricting the amount of a homestead exemption claim to no more than $100,000, the absence of a limiting…”
Messenger v. Burns, 382 P.2d 913 (Idaho 1963). “” I.C. § 55-1005 declares: “The homestead is subject to execution or forced sale in satisfaction of judgments obtained: “1.”
Univ. of Utah Hosp. Ex Rel. Scarberry v. Bd. of Cnty. Commissioners, 776 P.2d 443 (Idaho 1989). “See I.C. § 55-1005(1). Also claimed as exempt in Scarberry's bankruptcy petition was a trust fund created from the insurance proceeds pursuant to I.”
In Re Cerchione, 398 B.R. 699 (Bankr. D. Idaho 2009). “Again, the statute provides: 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.”
Idaho Falls Consol. Hospitals, Inc. v. Bd. of Commissioners, 712 P.2d 582 (Idaho 1985). “However, the Gaitans could invoke the protection of the homestead exemption by filing a declaration of homestead prior to the attachment of any lien on their home.”
In Re Smith, 366 F. Supp. 1213 (D. Idaho 1973). “I.C. § 55-1005 provides: "The homestead is subject to execution or forced sale in satisfaction of judgment obtained: .”
Fed. Land Bank v. Parsons, 796 P.2d 533 (Idaho Ct. App. 1990). “During those years, Idaho Code § 55-1005 provided: The homestead is subject to the execution or forced sale in satisfaction of judgments obtained: 3.”
Wetzel v. Idaho State Bank, 366 F. Supp. 1213 (D. Idaho 1973). “I.C. § 55-1005 provides: “The homestead is subject to execution or forced sale in satisfaction of judgment obtained: .”
In Re Kudrna, 173 B.R. 934 (Bankr. D. Idaho 1994). “— (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.”
McCallister v. Wells (D. Idaho 2020). “3 The relevant part of the statute provides: 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.”
— Idaho Code § 55-1005(1) — 2 cases
Univ. of Utah Hosp. Ex Rel. Scarberry v. Bd. of Cnty. Commissioners, 776 P.2d 443 (Idaho 1989). “See I.C. § 55-1005(1). Also claimed as exempt in Scarberry's bankruptcy petition was a trust fund created from the insurance proceeds pursuant to I.”
Idaho Falls Consol. Hospitals, Inc. v. Bd. of Commissioners, 712 P.2d 582 (Idaho 1985). “However, the Gaitans could invoke the protection of the homestead exemption by filing a declaration of homestead prior to the attachment of any lien on their home.”
— Idaho Code § 55-1005(3) — 2 cases
In Re Smith, 366 F. Supp. 1213 (D. Idaho 1973). “I.C. § 55-1005 provides: "The homestead is subject to execution or forced sale in satisfaction of judgment obtained: .”
Wetzel v. Idaho State Bank, 366 F. Supp. 1213 (D. Idaho 1973). “I.C. § 55-1005 provides: “The homestead is subject to execution or forced sale in satisfaction of judgment obtained: .”
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