District of NORTH DAKOTA

P.O. Box 1110

655 First Avenue North, Rm. 236

Fargo, ND 58102

Telephone: 1-701-239-5129

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.
 
Homestead, under the law of North Dakota, consists of the land, and the dwelling thereon together with all appurtenances and improvements, which a judgment debtor uses as his residence.  Any person, married or unmarried, is entitled to a total homestead exemption up to $80,000 in value, over and above all liens and encumbrances or both.   (47-18-01.)

Personal property which maybe exempt from attachment or mesne process and from levy and sale upon execution and from any other final process issued from the court may include family pictures, pew or other sitting in any house of worship, lot or lots in any burial ground, family bible and all schoolbooks used as part of a family library not exceeding $100 in value, wearing apparel and clothing, provisions for the debtor and his family necessary for one year's supply, crops and grain not to exceed 160 acres of land, insurance benefits covering any or all of the exempt property, and house trailer or mobile home occupied as a residece by the debtor.  In addition, judgment debtor may select from his other personal property, any goods, chattels, merchandise, money and other personal property not exceeding in aggregate value of $5,000 if he is a head of the household (28-22-02, 28-22-03.), and $2,500 if he is a single person.  (28-22-05.)

A resident of the State of North Dakota may further select, in lieu of the homestead exemption, up to $7,500, a motor vehicle up to $1,500, pensions, annuity policies or plans and life insurance policies and other retirement plans qualified under applicable Internal Revenue Code provisions, and the right to receive, or property that is traceable to, recovery from wrongful death not to exceed $7,500, recovery from personal injury not to exceed $7,500, social security benefits, and veteran's disability pension benefits.   (28-22-03.1.)

Other specific alternative exemptions may include miscellaneous books and musical instruments not to exceed $1,500 in value, household and kitchen furniture not to exceed $1,000 in value, livestock and farm implements not to exceed $4,500 in value, and tools and implements of any mechanic and stock in trade not to exceed $1,000 in value, and library and instruments of any profession not to exceed $1,000 in value.  (28-22-04.)

Lawdog assumes  no responsibility for links away from this site.

Copyright © 1996-2000 by LAWDOG.COM Publishing, Inc