Chapter10. EXEMPTIONS.  


Article 1. Exemptions From Levy and Sale Under Process.
Division 1. General Provisions.
§ 6-10-1. Law governing exemptions and claims.
§ 6-10-2. Homestead exemption - Amount; area.
§ 6-10-3. Homestead exemption - Alienation by married person.
§ 6-10-4. Homestead exemption - Liens not affected.
§ 6-10-5. Burial place and church pew or seat.
§ 6-10-6. Personalty.
§ 6-10-7. Wages, salaries, or other compensation of laborers or employees for personal services.
§ 6-10-8. Rights of beneficiaries and assignees under life insurance policies.
§ 6-10-9. Partnership property.
§ 6-10-10. County and municipal property.
§ 6-10-11. Exemptions in federal bankruptcy.
Division 2. Claim and Contest of Exemptions.
§ 6-10-20. Declaration of claimed exemptions - Making and filing.
§ 6-10-21. Declaration of claimed exemptions - Recordation; receipt; certified copies.
§ 6-10-22. Declaration of claimed exemptions - Fees for filing, etc.
§ 6-10-23. Declaration of claimed exemptions - Effect as evidence and notice.
§ 6-10-24. Declaration of claimed exemptions - Effect of waiver or contest.
§ 6-10-25. Declaration of claimed exemptions - Contesting of claims.
§ 6-10-26. Claim of exemption after levy and prior to sale; contesting of such claim.
§ 6-10-27. Contest of exemption claim - Delivery of personalty to defendant upon executing bond; proceedings when bond not forthcoming.
§ 6-10-28. Contest of exemption claim - Return of levying officer.
§ 6-10-29. Contest of exemption claim - Filing of inventory by defendant; effect of failure to file.
§ 6-10-30. Contest of exemption claim - Trial of issues.
§ 6-10-31. Contest of exemption claim - Trial by jury in probate court.
§ 6-10-32. Contest of exemption claim - Judgment.
§ 6-10-33. Contest of exemption claim - Proceedings when claim of personalty found excessive.
§ 6-10-34. Contest of exemption claim - Proceedings when inventory discloses personalty not embraced by claim of exemption.
§ 6-10-35. Contest of exemption claim - Tender of issue by plaintiff on inventory filed by defendant; determination thereof.
§ 6-10-36. Contest of exemption claim - Assessment of value of property and damages resulting from detention on bond; judgment and execution on bond.
§ 6-10-37. Contest of exemption claim - Garnishment of money, choses in action or personal property.
§ 6-10-38. Contest of exemption claim - Proceedings when homestead found to exceed value or area allowed.
§ 6-10-39. Interposition of homestead claim or other exemptions and defense of contest thereof by spouse or minor children.
§ 6-10-40. Sale of land and separation of homestead interest from that of alienee.
§ 6-10-41. Effect of leaving homestead temporarily or leasing same.
§ 6-10-42. When no action lies against officer levying on exempt property.
§ 6-10-43. Effect of contest on sale of property and lien thereon.
Article 2. Exemptions from Administration and Payment of Debts.
Division 1. General Provisions.
§ 6-10-67. Right to use of property before such set apart and to commence or defend actions thereon.
Division 2. Setting Apart Exemptions to Surviving Spouse and Minor Children.
§ 6-10-80. Appraisers - Issuance of commission.
§ 6-10-81. Appraisers - Duty to set apart exempt personal property; return of report.
§ 6-10-82. Appraisers - Report of homestead appraisement.
§ 6-10-83. Proceedings to set apart homestead when same exceeds value allowed.
§ 6-10-84. Proceedings on failure of appraisers to set apart exemptions or to appraise homestead.
§ 6-10-85. How exemption in lieu of homestead claimed and set apart.
§ 6-10-86. Report of appraisers or commissioners - Exceptions; notice of time set for hearing thereon.
§ 6-10-87. Report of appraisers or commissioners - Notice to next of kin of decedent of date set for hearing of report on exemptions.
§ 6-10-88. Report of appraisers or commissioners - Hearing and determination on exceptions; proceedings when exemption of personalty excessive or insufficient.
§ 6-10-89. Report of appraisers or commissioners - Proceedings when report set aside.
§ 6-10-90. Report of appraisers or commissioners - Taxation of cost on exceptions being filed.
§ 6-10-91. Report of appraisers or commissioners - Appeal from decree on exceptions.
§ 6-10-92. Exceptions to report of appraisers that homestead does not exceed allowance.
§ 6-10-93. Confirmation of reports when no exceptions filed.
§ 6-10-94. Reduced homestead incapable of allotment - Possession by surviving spouse and minor children until sold, etc.
§ 6-10-95. Reduced homestead incapable of allotment - Sale - When allowed.
§ 6-10-96. Reduced homestead incapable of allotment - Sale - Proof of facts; order and notice; terms; application of proceeds.
§ 6-10-97. Reduced homestead incapable of allotment - Sale - Proceedings when no bid in excess of $6,000 received.
§ 6-10-98. Reduced homestead incapable of allotment - Sale - Purchase by persons entitled to homestead exemption.
§ 6-10-99. Payment by devisees to clear property of homestead right.
§ 6-10-100. Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Generally.
§ 6-10-101. Proceedings to set apart exemptions when administration not granted on decedent's estate within 60 days after death - Vesting of title to real property in surviving spouse and minors and right to possession thereof.
§ 6-10-102. Effect of removal from homestead.
§ 6-10-103. Commissioners - Qualifications; oath.
§ 6-10-104. Commissioners - Compensation.
§ 6-10-105. Recordation of judgments allotting homestead exemptions; fee therefor.
§ 6-10-106. Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Generally.
§ 6-10-107. Proceedings to set aside exemptions when husband, wife or parent absent seven years and residence not ascertainable - Vesting for life of title to property in deserted spouse or minors.
Article 3. Waiver of Right to Exemptions.
§ 6-10-120. Right to waive.
§ 6-10-121. How made - Personalty.
§ 6-10-122. How made - Homestead.
§ 6-10-123. Enforcement in action.
§ 6-10-124. Attachment - Endorsement on writ.
§ 6-10-125. Attachment - Proceedings when waiver not sustained.
§ 6-10-126. Exceptions.