HB617 (2025) Detail

Relative to the homestead right.


HB 617 - VERSION ADOPTED BY BOTH BODIES

 

6Mar2025... 0437h

05/01/2025   1727s

26Jun2025... 2791CofC

 

2025 SESSION

25-0603

09/08

 

HOUSE BILL 617

 

AN ACT relative to the homestead right.

 

SPONSORS: Rep. Litchfield, Rock. 32

 

COMMITTEE: Municipal and County Government

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill modifies the amount of the homestead right and adds additional exemptions for its usage.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2025... 0437h

05/01/2025   1727s

26Jun2025... 2791CofC 25-0603

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to the homestead right.

 

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

 

1  The Homestead Right; Amount.  Amend RSA 480:1 to read as follows:

480:1 Amount.

I.  Every person is entitled to [$120,000] $400,000 worth of his or her homestead, or of his or her interest therein, as a homestead. The homestead right created by this chapter shall exist in manufactured housing, as defined by RSA 674:31, which is owned and occupied as a dwelling by the same person but shall not exist in the land upon which the manufactured housing is situated if that land is not also owned by the owner of the manufactured housing. The homestead right shall also apply to the person's ownership interest in any mobile home, housing cooperative, and condominium, so long as the property is occupied as a dwelling.

II.  In order to claim this exemption, the residence must have been continuously used as a primary residence for the previous 12 months.  However, proceeds from the sale of a qualifying residence, and such new residence, shall also be protected if reinvested within 6 months in a new primary residence.

III.  Notwithstanding paragraph I, homestead exemptions, totaling not more than $550,000, may be held or claimed, or $400,000 for a single person under this section.

IV.  Notwithstanding paragraph I, the full market value of the property may be claimed as a homestead right if the debt for which attachment or levy is sought resulted from unpaid medical bills or other debts directly resulting from terminal or catastrophic injury or illness.

  V.  The beneficiary of a qualifying trust may claim the exemption under paragraph I if the qualifying trust is the owner of the property and the other provisions of this chapter are met.

2  The Homestead Right; Exemption.  Amend RSA 480:4 to read as follows:

480:4  Exemption.  

The homestead right does not cancel or erase any debt.  Instead, 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 the following cases:

I.  In the collection of taxes;

II.  In the enforcement of liens to collect on forfeited bail bonds or domestic support obligations;

III.  In the enforcement of liens of mechanics and others for debts created in the construction, repair or improvement of the homestead;

[III.] IV.  In the enforcement of mortgages which are made a charge thereon according to law;

[IV.] V. In the enforcement of liens filed by homeowner associations or by condominium associations under RSA 356-B, for unpaid assessments against the homestead, including collection costs; [and]

VI.  For debts existing at the time that the homestead was purchased, unless pursuant to RSA 480:1, II.

VII.  [V.] In the levy of executions as provided in this chapter.

3  Levy of Executions on Real Estate; Notice of Homestead Exemption.  Amend RSA 529:20-a to read as follows:

529:20-a  Notice of Homestead Exemption.  Along with the notice required under RSA 529:20, the party in whose name the execution has issued shall provide to any person who resides or appears to reside on the real estate to be sold, the following notice by certified mail:  

NOTICE

IF YOU OR YOUR SPOUSE OWNS AND RESIDES IN THIS PROPERTY, YOU AND/OR YOUR SPOUSE MAY BE ENTITLED TO A HOMESTEAD EXEMPTION PURSUANT TO RSA 480:1.  THIS EXEMPTS [$120,000] $400,000 FOR A SINGLE PERSON AND [$240,000] $550,000 FOR [A MARRIED COUPLE] ALL PERSONS WITH AN INTEREST THEREIN.  

IN ORDER TO CLAIM THIS EXEMPTION, YOU MUST NOTIFY THE SHERIFF OF THE COUNTY IN WHICH THE REAL ESTATE IS SITUATED AND THE JUDGMENT CREDITOR OF THE AMOUNT OF YOUR HOMESTEAD CLAIM IN WRITING.  IF YOU DO SO BEFORE THE SALE, THE SHERIFF MUST PAY YOU THE AMOUNT OF YOUR HOMESTEAD EXEMPTION BEFORE PAYING THE JUDGMENT CREDITOR FROM THE PROCEEDS OF THE SALE.  IF, HOWEVER, THE JUDGMENT CREDITOR FILES A MOTION IN COURT CHALLENGING YOUR ENTITLEMENT TO OR THE AMOUNT OF THE HOMESTEAD EXEMPTION, THE SHERIFF SHALL NOT DISTRIBUTE THE PROCEEDS FROM THE SALE UNTIL FURTHER ORDER OF THE COURT.

IF YOU DO NOT NOTIFY THE SHERIFF AND THE CREDITOR OF YOUR EXEMPTION UNTIL AFTER THE SALE, THE CREDITOR NEED NOT PAY YOU THE AMOUNT OF YOUR HOMESTEAD EXEMPTION UNTIL THE EXPIRATION OF THE ONE-YEAR PERIOD DURING WHICH YOU MAY REDEEM THE PROPERTY PURSUANT TO RSA 529:26.  

IF THE SHERIFF RECEIVES YOUR NOTICE OF HOMESTEAD EXEMPTION PRIOR TO THE SALE, THE SHERIFF MAY NOT SELL THE PROPERTY FOR LESS THAN THE AMOUNT OF THE CLAIMED HOMESTEAD EXEMPTION WITHOUT FURTHER ORDER OF THE COURT.

4  Effective Date.  This act shall take effect January 1, 2026.

Amendments

Date Amendment
Feb. 24, 2025 2025-0437h
March 5, 2025 2025-0770h
April 23, 2025 2025-1727s
June 17, 2025 2025-2791CofC

Links


Date Body Type
Feb. 4, 2025 House Hearing
Feb. 18, 2025 House Exec Session
Feb. 18, 2025 House Floor Vote
April 16, 2025 Senate Hearing
May 1, 2025 Senate Floor Vote
June 26, 2025 Senate Floor Vote
June 26, 2025 House Floor Vote
June 25, 2026 Senate Floor Vote

Bill Text Revisions

HB617 Revision: 48782 Date: June 26, 2025, 2:06 p.m.
HB617 Revision: 48700 Date: June 17, 2025, 11:22 a.m.
HB617 Revision: 47959 Date: May 1, 2025, 5:33 p.m.
HB617 Revision: 47890 Date: April 23, 2025, 3:09 p.m.
HB617 Revision: 47282 Date: March 6, 2025, 3:24 p.m.
HB617 Revision: 47192 Date: March 5, 2025, 11:46 a.m.
HB617 Revision: 47127 Date: Feb. 24, 2025, 2:32 p.m.
HB617 Revision: 46505 Date: Jan. 16, 2025, 12:04 p.m.

Docket


June 26, 2025: Conference Committee Report 2025-2791c: Adopted, VV 06/26/2025 HJ 18


June 26, 2025: Conference Committee Report # 2025-2791c, Adopted, VV; 06/26/2025; SJ 17


June 18, 2025: Conference Committee Report Filed, # 2025-2791c; 06/26/2025


June 17, 2025: Conference Committee Meeting: 06/17/2025 10:00 am LOB 302-304


June 11, 2025: President Appoints: Senators Lang, Rochefort, Fenton; (In Recess 06/05/2025); SJ 16


June 11, 2025: Sen. Lang Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/05/2025); SJ 16


June 3, 2025: Speaker Appoints: Reps. Pauer, J. MacDonald, Litchfield, Girard 05/22/2025 HJ 15


June 3, 2025: House Non-Concurs with Senate Amendment 2025-1727s and Requests CofC (Rep. S. Smith): MA VV 05/22/2025 HJ 15


May 1, 2025: Ought to Pass with Amendment #2025-1727s, MA, VV; OT3rdg; 05/01/2025; SJ 11


May 1, 2025: Ought to Pass with Amendment #2025-1727s, MA, VV; OT3rdg; 05/01/2025; SJ 11


May 1, 2025: Committee Amendment # 2025-1727s, AA, VV; 05/01/2025; SJ 11


April 24, 2025: Committee Report: Ought to Pass with Amendment # 2025-1727s, 05/01/2025; Vote 5-0; CC; SC 19


April 2, 2025: Hearing: 04/16/2025, Room 100, SH, 09:00 am; SC 16


March 11, 2025: Introduced 03/06/2025 and Referred to Ways and Means; SJ 7


March 6, 2025: Ought to Pass with Amendment 2025-0437h: MA RC 216-146 03/06/2025 HJ 7 P. 73


March 6, 2025: Amendment # 2025-0437h: AA VV 03/06/2025 HJ 7 P. 73


Feb. 25, 2025: Minority Committee Report: Inexpedient to Legislate


Feb. 25, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-0437h 02/18/2025 (Vote 11-7; RC) HC 14 P. 26


Feb. 12, 2025: Executive Session: 02/18/2025 01:00 pm LOB 201


Jan. 29, 2025: Public Hearing: 02/04/2025 01:00 pm LOB 307


Jan. 16, 2025: Introduced (in recess of) 01/09/2025 and referred to Municipal and County Government HJ 3 P. 19