Vermont Statutes Annotated

Vt. Stat. Ann. tit. 27, § 109 (2026)

Acquisition of new homestead

✓ current as of May 2026

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 27 V.S.A. § 109)

§ 109. Acquisition of new homestead

When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which such prior homestead would not have been liable, if such new homestead is acquired with the consideration derived from the sale or other disposition of such prior homestead, or with other means not derived from the property of such person.

Notes of Decisions

Cited in 4 cases, 1983–2014 · leading case: In Re Soter, 31 B.R. 986 (D. Vt. 1983).

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In Re Soter, 31 B.R. 986 (D. Vt. 1983). · cites it 5× “” Vt. Stat.Ann. tit. 27, § 109. The waiver of homestead exemption in the 1979 notes related only to the real estate as security for mortgage indebtedness and not to any deficiency arising after default.”

In re Patterson, 482 B.R. 755 (Bankr. D. Vt. 2012). · cites it 8× “Questions Presented In this analysis of whether the Debtor may avoid the Merchants lien and whether the Debtor may claim his current homestead exempt from enforcement of the Merchants lien, there are three legal questions presented: First, did the Debtor acquire his current…”

Brattleboro Sav. & Loan Ass'n v. Hardie, 2014 VT 26 (Vt. 2014). · cites it 2× “Thus, when two spouses have established a homestead together, one spouse cannot convey the other’s interest “without the express, written consent and participation of the other co-owner.”

In Re Soter, 26 B.R. 838 (Bankr. D. Vt. 1983). “If her claim is allowed she will have acquired a new homestead which would be subject to the provisions of 27 V.S.A. § 109, viz: “When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real…”

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