Idaho Code
Idaho Code § 55-1007 (2026)
Conveyance or encumbrance by a married couple.
✓ current as of May 2026
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Conveyance or encumbrance by a married couple.
The homestead of a married person shall not be conveyed or encumbered by a spouse without the consent of the other spouse. Either spouse may execute a power of attorney authorizing the other spouse to convey or encumber the homestead on behalf of the principal. Consent shall be evidenced by:
(1) Each spouse executing and acknowledging the instrument by which the homestead is conveyed or encumbered; or
(2) A deed from one spouse to the other spouse establishing the homestead property as the sole and separate property of the grantee spouse.
Notes of Decisions
Cited in 2
cases, 1973–1973 · leading case: In Re Smith, 366 F. Supp. 1213 (D. Idaho 1973).
In Re Smith, 366 F. Supp. 1213 (D. Idaho 1973). “" Thus, the question becomes one of whether the bankrupt abandoned the homestead exemption when he executed the trust deed to respondents.”
Wetzel v. Idaho State Bank, 366 F. Supp. 1213 (D. Idaho 1973). “” Thus, the question becomes one of whether the bankrupt abandoned the homestead exemption when he executed the trust deed to respondents.”
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