CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 17 Ì620722xÎ620722 LEGISLATIVE ACTION Senate . House Comm: FAV . 12/04/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on General Provisions (Plymale) recommended the following: 1 CRC Amendment (with title amendment) 2 3 Delete everything after the proposal clause 4 and insert: 5 Section 4 of Article X of the State Constitution is amended 6 to read: 7 ARTICLE X 8 MISCELLANEOUS 9 SECTION 4. Homestead; exemptions.— 10 (a) There shall be exempt from forced sale under process of 11 any court, and no judgment, decree or execution shall be a lien 12 thereon, except for the payment of taxes and assessments 13 thereon, obligations contracted for the purchase, improvement or 14 repair thereof, or obligations contracted for house, field or 15 other labor performed on the realty, the following property 16 owned by a natural person: 17 (1) a homestead, if located outside a municipality, to the 18 extent of one hundred sixty acres of contiguous land and 19 improvements thereon, which shall not be reduced without the 20 owner’s consent by reason of subsequent inclusion in a 21 municipality; or if located within a municipality, to the extent 22 of one-half acre of contiguous land, upon which the exemption 23 shall be limited to the residence of the owner or the owner’s 24 family; 25 (2) personal property to the value of one thousand dollars. 26 (b) These exemptions shall inure to the surviving spouse or 27 heirs of the owner. 28 (c) The homestead shall not be subject to devise if the 29 owner is survived by spouse or minor child, except the homestead 30 may be devised to the owner’s spouse if there be no minor child. 31 The owner of homestead real estate, joined by the spouse if 32 married, may alienate the homestead by mortgage, sale or gift 33 and, if married, may by deed transfer the title to an estate by 34 the entirety with the spouse. If the owner or spouse is 35 incompetent, the method of alienation or encumbrance shall be as 36 provided by law. 37 (d) Notwithstanding subsection (a), a homestead is not 38 exempt from the claim of a creditor if the creditor: 39 (1) Establishes in an action against the owner of the 40 homestead that the creditor’s funds were fraudulently used by 41 the owner to acquire or improve the homestead; or 42 (2) Obtains a judgment against the owner of the homestead 43 for damages caused by an intentional tort or intentional 44 criminal or fraudulent act by the owner of the homestead, so 45 long as the homestead was not the primary residence for the 46 owner’s spouse or minor child when the tort or act occurred or 47 at the time of the judgment in the action. 48 49 ================= T I T L E A M E N D M E N T ================ 50 And the title is amended as follows: 51 Delete everything before the proposal clause 52 and insert: 53 A proposal to amend 54 Section 4 of Article X of the State Constitution to 55 create exceptions to the homestead exemption from 56 creditor claims.