HB189 (2017) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

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.

Changed Version

Text to be added highlighted in green.

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 as permitted under RSA 480:10 for the following cases:

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