HB189 (2017) Detail

Establishing a homestead right.


HB 189 - AS INTRODUCED

 

 

2017 SESSION

17-0454

08/09

 

HOUSE BILL 189

 

AN ACT establishing a homestead right.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill establishes a right of moiety in a homestead.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0454

08/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing a homestead right.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Homestead Moiety.  Amend RSA 480 by inserting after section 9 the following new section:

480:10  Homestead Moiety.  An indebted person claiming a homestead right may assert a common law right to moiety, or up to half of the freehold/estate, and the other half temporarily subject to be occupied and used by the creditor until the claimed debt shall be either extinguished by a court action or paid in full.  Any state court action in such matters shall not be removed to federal court without the written consent of both parties to the action as provided in 28 U.S.C. section 636(c)(1).

2  Homestead Right; Exemption.  Amend the introductory paragraph of RSA 480:4 to read as follows:

480:4  Exemption.  The homestead right is exempt from attachment during its continuance from levy or sale on execution, and from liability to be encumbered or taken for the payment of debts, except [in] as permitted under RSA 480:10 for the following cases:

3  Effective Date.  This act shall take effect upon its passage.

Links

HB189 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2017 House Hearing
Jan. 31, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote

Bill Text Revisions

HB189 Revision: 550 Date: Jan. 30, 2017, 12:25 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Municipal and County Government HJ 2 P. 19
Jan. 18, 2017 Public Hearing: 01/18/2017 11:30 AM LOB 301
Jan. 31, 2017 Executive Session: 01/31/2017 01:00 PM LOB 301
Feb. 9, 2017 Committee Report: Inexpedient to Legislate for 02/09/2017 (Vote 14-0; CC) HC 10 P. 6
Feb. 9, 2017 Inexpedient to Legislate: MA VV 02/09/2017 HJ 6 P. 5