60-2301.
Homestead; extent of exemption.
Except as provided in K.S.A. 12-524a, and amendments thereto, a homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, occupied as a residence by the owner or by the family of the owner, or by both the owner and family thereof, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of such premises, or for the erection of improvements thereon. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife, when that relation exists.
History:
L. 1963, ch. 303, 60-2301; L. 1979, ch. 178, § 2; L. 1980, ch. 176, § 2; L. 1991, ch. 33, § 35; L. 2011, ch. 101, § 11; June 2.
Notes of Decisions
Cited in
85
cases (
2 in the last 5 years), 1968–2026 · leading case:
Redmond v. Kester, 159 P.3d 1004 (Kan. 2007).
Redmond v. Kester, 159 P.3d 1004 (Kan. 2007).
· cites it 12× “In 2002, the Kesters filed a joint petition for a Chapter 7 bankruptcy, claiming the house as exempt property under K.S.A. 60-2301, the homestead exemption. The Bankruptcy Trustee objected to the exemption and filed an adversary proceeding to compel the Kesters to turn over the…”
In Re Sauer, 403 B.R. 722 (Bankr. D. Kan. 2009).
· cites it 12× “Namely, does the Kansas homestead exemption, Kan. Stat. Ann. § 60-2301 (2005), allow married, but separated, persons to each claim a separate homestead exemption? In arguing that it does, debtors focus on the liberal construction afforded the homestead exemption under Kansas…”
In Re Agnew, 355 B.R. 276 (Bankr. D. Kan. 2006).
· cites it 4× “The Debtors filed for relief under Chapter 7 on October 10, 2005 and claimed the homestead property as exempt pursu *280 ant to K.S.A. 60-2301, 4 with a value of $88,000.”
In Re McCambry, 327 B.R. 469 (Bankr. D. Kan. 2005).
· cites it 8× “Background The Chapter 13 trustee objects to the debtors’ claimed homestead exemption of an entire duplex pursuant to K.S.A. § 60-2301. The debtors occupy one-half the duplex as their residence; they rent the other half to a tenant as residential property.”
In re Westby, 473 B.R. 392 (Bankr. D. Kan. 2012).
· cites it 4× “§ 522 (b)(3)(A); K.S.A. §§ 60-2301 through 60-2315 (Kansas exemptions).”
Jenkins v. Hodes, 287 B.R. 561 (D. Kan. 2002).
· cites it 4× “Section 60-2301, which is substantially the same as Kansas’s constitutional homestead exemption, specifically provides: A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile…”
In Re Hall, 395 B.R. 722 (Bankr. D. Kan. 2008).
· cites it 4× “16 The Kansas legislature’s statutory version is a bit more expansive; K.S.A. 60-2301 provides, in pertinent part: A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home,…”
In Re Anderson, 374 B.R. 848 (Bankr. D. Kan. 2007).
· cites it 4× “On Schedule C, debtor claims the Property exempt as his homestead pursuant to state law, Kan. Stat. Ann. § 60-2301 (2005). Debtor lists the value of the claimed exemption as $241,546 and the current market value of the Property as $411,800.”
Cox v. Countrywide Home Loans, Inc. (In Re Cox), 408 B.R. 407 (Bankr. D. Kan. 2009).
· cites it 4× “” The statute does not attempt to include all possible alienations or conveyances of the homestead in its language as is the case with the Kansas Constitution and K.S.A. § 60-2301 23 According to the statute’s plain language and the lack of authority applying the statute to…”
Redmond v. Kester (In Re Kester), 339 B.R. 749 (10th Cir. BAP 2006).
· cites it 2× “Kan. Stat. Ann. § 60-2301 (2005). 3 . In the Trustee's Objection to Schedule C Exemptions, the Trustee objected to claimed exemptions in the Debtor's residence, household furnishings, and two automobiles, all on the ground that this property was held in trust rather than in the…”
U.S. Bank Nat'l Ass'n v. McConnell, 305 P.3d 1 (Kan. Ct. App. 2013).
· cites it 3× “Bank violated the KCPA were not properly identified as counterclaims and were also not substantiated by anything of evidentiary value.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.