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§ 9. Homestead exemption. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon: Provided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife: And provided further, That the legislature by an appropriate act or acts, clearly framed to avoid abuses, may provide that when it is shown the husband or wife while occupying a homestead is adjudged to be insane, the duly appointed guardian of the insane spouse may be authorized to join with the sane spouse in executing a mortgage upon the homestead, renewing or refinancing an encumbrance thereon which is likely to cause its loss, or in executing a lease thereon authorizing the lessee to explore and produce therefrom oil, gas, coal, lead, zinc, or other minerals.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 66; L. 1943, ch. 161, § 1; November 7, 1944.

Revisor's Note:

At the 1859 election upon the ratification or rejection of the Constitution, the electors were allowed to cast a separate ballot on the ratification or rejection of the homestead provision, see § 25 of the Schedule following this article.

Cross References to Related Sections:

Execution of mortgages and mineral leases on the homestead where one spouse incapacitated, see 59-2314 through 59-2322.

Law Review and Bar Journal References:

Execution of oil and gas leases, George B. Collins, 8 J.B.A.K. 25, 27 (1939).

Ward's homestead cannot be sold by guardian to pay debts, Samuel E. Bartlett, 19 J.B.A.K. 146, 151 (1950).

Effect of land trust upon homestead exemption discussed, Richard L. Zinn, 14 K.L.R. 97, 107 (1965).

Discussed application to 41-806, John H. Johntz, Jr., 14 K.L.R. 193, 208 (1965).

Cited in comment on illegal use and alienation of homestead, Daniel C. Sullivan, 5 W.L.J. 296, 297 (1966).

Real estate lease in Kansas, Richard L. Zinn, 17 K.L.R. 707, 719 (1969).

Survey of Kansas Homestead Law, 13 W.L.J. 447 (1974).

Foreclosing federal tax liens on homesteads, 13 W.L.J. 542 (1974).

Consumer Law-Limitations on the Validity of Future Advance Clauses in Mortgage Contracts, 23 K.L.R. 745, 747 (1975).

Bankruptcy: The Duplex-A Minority View of the Homestead Exemption, Kay Y. Rute, 18 W.L.J. 342 (1979).

Bankruptcies in Kansas: A Need to Reform Our Exemption Laws? Stuart A. Haney, 22 W.L.J. 286, 290, 292 (1983).

Barring the Slayer's Bounty: An Analysis of Kansas' Troubled Experience, John F. Kuether, 23 W.L.J. 494, 511, 512, 513 (1984).

No Mere Yeoman: Incorporating the Family Farm-Consideratons and Consequences, Eric Melgren, 24 W.L.J. 546, 569 (1985).

Exemption Laws in Kansas: Recent Amendments and Bankruptcy Estate Planning, Mark A. Andersen, 38 K.L.R. 143, 149 (1989).

Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy, John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25, 30 (1991).

The Capricious Operation of the Kansas Elective Share: Feast or Famine for the Surviving Spouse, John W. Kuether and Willard B. Thompson, 61 J.K.B.A. No. 10, 32, 37 (1992).

Kansas Homestead Law, Roger L. Theis and Karl R. Swartz, 65 J.K.B.A. No. 3, 20, 24, 28, 34, 40, 43, 48 (1996).

Title and Related Considerations in Conveying Kansas Water Rights, John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).

The Kansas Uniform Fraudulent Transfer Act, Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).

There's No Place Like Home in Debtor's Paradise: The Tenth Circuit's Liberal Construction of the Kansas Homestead Exemption and the Doctrine of Equitable Conversion [Jenkins v. Hodes (In re Hodes), 402 F.3d 1005 (10th Cir. 2005)], Molly E. McMurray, 45 W.L.J. 203 (2005).

Powerful Powers Under the Kansas Power of Attorney Act, Matthew H. Hoy, 74 J.K.B.A. No. 6, 20 (2005).

How Safe is Your Homestead? Frederick B. Farmer, 74 J.K.B.A. No. 10, 35 (2005).

Attorney General's Opinions:

Miscellaneous; homestead exemption. 83-28.

Annexation; land devoted to agricultural use, effect of presence of home site; rural homestead exemption. 96-17.

CASE ANNOTATIONS

1. Lien of mortgage by both unaffected by deed by husband. Hill v. Alexander, 2 Kan. App. 251, 254, 41 P. 1066.

2. Occupation by family of owner essential; when exemption attaches discussed. Dobson v. Shoup, 3 Kan. App. 468, 472, 43 P. 817.

3. Actual occupation within reasonable time; selection from larger tract discussed. State Bank v. Peak, 3 Kan. App. 698, 700, 44 P. 900. Reversed: Peak v. Bank, 58 Kan. 485, 49 P. 613.

4. Consent of wife necessary, although wife not residing on land. New England Trust Co. v. Nash, 5 Kan. App. 739, 741, 46 P. 987.

5. Guardian of insane wife cannot mortgage the homestead. Locke v. Redmond, 6 Kan. App. 76, 78, 81, 49 P. 670.

6. Money borrowed for erecting residence constitutes "obligation contracted for improvements." Bechenheuser v. Ferrell, 8 Kan. App. 365, 367, 55 P. 499.

7. Special assessment for guttering and paving is a "tax." Todd v. Atchison, 9 Kan. App. 251, 59 P. 676.

8. This section does not contravene federal constitution (Article 1, § 10); homestead exemption good as against judgment rendered before constitution adopted. Cusic v. Douglas et al., 3 Kan. 123, 129.

9. Mortgage of homestead executed by husband alone is void; judgment against husband alone is not a lien on homestead. Morris v. Ward, 5 Kan. 239, 245.

10. Owner living outside city, land in city not exempt. Sarahas v. Fenlon, 5 Kan. 592, 595.

11. Mortgage of homestead by wife alone held void. Dollman v. Harris, 5 Kan. 597, 599.

12. Vendee of husband, wife refusing to convey, entitled to damages. Lister v. Batson, 6 Kan. 420, 426.

13. Wife signing deed under duress, "good faith" of purchaser immaterial. Anderson v. Anderson, 9 Kan. 112.

14. When tract of land becomes part of homestead, discussed. Edwards v. Fry, 9 Kan. 417, 425.

15. Homestead purchased, occupancy within reasonable time, exempt from time purchased. Monroe v. May, Weil & Co., 9 Kan. 466, 476.

16. Wife signing under duress; suit to have signature declared void. Helm v. Helm, 11 Kan. 19, 21.

17. Surplus proceeds not applicable to judgment, not lien on homestead. Mitchell v. Milhoan, 11 Kan. 617, 627.

18. Attachment prior to occupation as homestead superior to homestead right. Bullene v. Hiatt, 12 Kan. 98.

19. Homestead must lie in one tract or body of land. Randal v. Elder, 12 Kan. 257, 260.

20. Wife signing mortgage not entitled to all privileges of surety. Jenness v. Cutler, 12 Kan. 500.

21. Mortgage by husband void as to other than purchase money. Pratt v. Topeka Bank, 12 Kan. 570, 572.

22. Homestead sold under mortgage by wife for purchase money. Andrews v. Alcorn, Adm'r, &c., 13 Kan. 351, 359.

23. Mortgage by husband on homestead owned by wife absolutely void. Ayers v. Probasco, 14 Kan. 175, 190.

24. Divorce to either party, court may award homestead to wife. Brandon v. Brandon, 14 Kan. 342.

25. Homestead interest may be acquired by owner of equitable interest. Tarrant v. Swain, 15 Kan. 146.

26. Equitable owner may occupy and hold real estate as homestead. Moore v. Reaves, 15 Kan. 150.

27. Property attached, later becoming homestead of defendant, attachment remains valid. Robinson v. Wilson, 15 Kan. 595.

28. Mortgage by husband without wife's consent, for purchase money, held valid. Nichols v. Overacker, 16 Kan. 54, 58.

29. General creditor's right to have mortgage satisfied by homestead denied. Colby v. Crocker, 17 Kan. 527.

30. Procedure where property claimed as homestead is levied upon discussed. Gapen v. Stephenson, 17 Kan. 613.

31. Equities of family of mortgagor superior to claims of judgment creditor. LaRue v. Gilbert, 18 Kan. 220.

32. Purchase by husband, title in wife, claims of creditors, discussed. Hixon v. George, 18 Kan. 253, 258.

33. Judgment on promissory note for purchase money not lien on land. Greeno v. Barnard, 18 Kan. 518.

34. Execution of mortgage on homestead by illiterate person discussed. Roach v. Karr, 18 Kan. 529.

35. Homestead sold under lien on real estate decreed in divorce. Blankenship v. Blankenship, 19 Kan. 159.

36. Attachment before occupancy as homestead is prior to homestead right. Hiatt v. Bullene, 20 Kan. 557.

37. Acquiring new home in city relinquishes homestead right on farm. Savings Bank v. Wheeler's Adm'r, 20 Kan. 625, 632.

38. Occupancy after judgment lien attached will not defeat judgment lien; house rented to tenant as residence no part of homestead. Ashton v. Ingle, 20 Kan. 670, 678.

39. Occupation, actual or constructive, essential to constitute premises a homestead. Swenson v. Kiehl, 21 Kan. 533.

40. Property exempt while purchaser erecting dwelling for himself and family. Gilworth v. Cody, 21 Kan. 702.

41. Equity favors protection of homestead from creditors; homestead exemption, construed. Sproul v. Atchison National Bank, 22 Kan. 336, 342.

42. Homestead deeded to children, for keep of blind father, exempt. National Bank v. Warner, 22 Kan. 537.

43. Public gristmill on portion of tract no part of homestead. Mouriquand v. Hart, 22 Kan. 594, 598.

44. Deed to wife without money consideration, held good against heir. Horder v. Horder, 23 Kan. 391, 393.

45. Proceeds of sale not exempt, unless to purchase another homestead. Smith v. Gore, 23 Kan. 488.

46. Leasehold estate will support the homestead right. Hogan v. Manners, 23 Kan. 551, 557.

47. Lease by husband alone, which interferes with wife's possession, invalid. Coughlin v. Coughlin, 26 Kan. 116, 117.

48. Property not exempt where owner's family resides in another state. Farlin v. Sook, 26 Kan. 397, 403.

49. Homestead not conveyed by separate deeds of husband and wife. Ott v. Sprague, 27 Kan. 620, 624.

50. Homestead may be sold to satisfy judgment for improvements thereon; purchaser of homestead subject to judgment, acts at his peril. Hurd v. Hixon & Co., 27 Kan. 722.

51. Wife had never resided here, deed by husband held valid. Koons v. Rittenhause, 28 Kan. 359, 362.

52. Goods owned by wife, sold by husband, converted into homestead, exempt. Tootle, Hanna & Co. v. Stine, 31 Kan. 66, 1 P. 279.

53. Whole tract considered homestead whether used or not; constructive use. Morrissey v. Donohue, 32 Kan. 646, 5 P. 27.

54. Contract to convey made by husband alone, void; partial payment. Thimes v. Stumpff, 33 Kan. 53, 58, 5 P. 431.

55. Right to sell homestead of insane person for alimony, denied. Birdzell v. Birdzell, 33 Kan. 433, 438, 6 P. 561.

56. Partition of homestead denied while occupied by widow and minor child. Hafer v. Hafer, 33 Kan. 449, 465, 6 P. 537.

57. Antenuptial contract enforced when homestead subject to partition. Hafer v. Hafer, 36 Kan. 524, 13 P. 821.

58. Mortgage without joint consent of husband and wife held void. Howell, Jewett & Co. v. McCrie, 36 Kan. 636, 641, 14 P. 257.

59. Wife agreed to sell, grantee made improvements, specific performance enforced. Perrine v. Mayberry, 37 Kan. 258, 262, 15 P. 172.

60. Mortgage lien on homestead not created without wife's written consent. Jenkins v. Simmons, 37 Kan. 496, 504, 15 P. 522.

61. Signature of wife to homestead mortgage obtained by fraud; mortgage void. Warden v. Reser, 38 Kan. 86, 16 P. 60.

62. Husband owned homestead, wife's consent necessary to alienate railroad right of way. Pilcher v. A.T. & S.F. Rld. Co., 38 Kan. 516, 16 P. 945.

63. Partial use as grocery does not deprive property of homestead character. Rush v. Gordon, 38 Kan. 535, 16 P. 700.

64. Homestead right not destroyed by grant of right of way. Allen v. Dodson, Sheriff, 39 Kan. 220, 17 P. 667.

65. Homestead not destroyed by lease of part of building; tests of what constitutes homestead discussed. Bebb v. Crowe, 39 Kan. 342, 18 P. 223.

66. Facts show intention to return to property; exempt as homestead. Garlinghouse v. Mulvane, 40 Kan. 428, 19 P. 798.

67. Wife owning homestead, having no children, may devise one-half interest. Vining v. Willis, 40 Kan. 609, 611, 20 P. 232.

68. Mineral lease on homestead must be executed by husband and wife. Land Co. v. Gas Co., 43 Kan. 518, 23 P. 630.

69. Oral joint consent of husband and wife sufficient for alienation. Dudley v. Shaw, 44 Kan. 683, 24 P. 1114.

70. Mechanic's lien, no personal property found, homestead sold under execution. Tyler v. Johnson, 47 Kan. 410, 411, 28 P. 198.

71. Forty acres, cornering on forty where owner resides, not exempt. Linn Co. Bank v. Hopkins, 47 Kan. 580, 582, 28 P. 606.

72. Evidence held sufficient to establish abandonment of land as homestead. Bradford v. Loan Co., 47 Kan. 587, 28 P. 702.

73. Residence and building on same lots rented as rooms, etc., exempt. Layson v. Grange, 48 Kan. 440, 441, 29 P. 585; Savings Bank v. Ayers, 48 Kan. 602, 29 P. 1149.

74. Occupancy must follow within reasonable time after purchase; occupancy after levy of execution does not change parties' rights. Ingels v. Ingels, 50 Kan. 755, 760, 32 P. 387.

75. Homestead may be appropriated for public use without owner's consent. Jockheck v. Comm'rs of Shawnee Co., 53 Kan. 780, 790, 37 P. 621.

76. Power of attorney to husband held insufficient joint consent to mortgage. Wallace v. Insurance Co., 54 Kan. 442, 448, 38 P. 489.

77. Joint consent essential to valid lease of homestead. Gas Co. v. Land Co., 54 Kan. 533, 38 P. 790.

78. Mortgage, wife's duress available against innocent holder of note secured. Berry v. Berry, 57 Kan. 691, 695, 47 P. 837.

79. Homestead not abandoned by temporary nonoccupancy; lease on part of tract; leased premises part of homestead. Pitney v. Eldridge, 58 Kan. 215, 48 P. 854.

80. Selection of homestead; parts of several tracts contiguous to residence; erroneous selection does not invalidate homestead exemption. Peak v. Bank, 58 Kan. 485, 489, 490, 49 P. 613.

81. Husband and wife necessary parties in foreclosure suit involving homestead. Willis v. Whitead, 59 Kan. 221, 223, 52 P. 445.

82. Partition cannot be made against objection of minor children. Trumbly v. Martell, 61 Kan. 703, 704, 60 P. 741.

83. Consent of wife essential to extend mortgage lien on homestead. Bank v. Hardman, 62 Kan. 242, 61 P. 1131. Overruled: Securities Co. v. Manwarren, 64 Kan. 636, 68 P. 68.

84. Unmarried daughter of intestate continuing to occupy homestead, not exempt; former homestead subject to sale for debts of decedent. Battey v. Barker, 62 Kan. 517, 521, 64 P. 79. Overruled: Koehler v. Gray, 102 Kan. 878, 172 P. 25.

85. Wife took homestead under will, mortgage by her held valid. Allen v. Holtzman, 63 Kan. 40, 41, 64 P. 966.

86. Widower occupying homestead alone, children having gone, not exempt. Ellinger v. Thomas, 64 Kan. 180, 181, 67 P. 529. Overruled: Weaver v. Bank, 76 Kan. 540, 94 P. 273.

87. Homestead mortgage; applicability of statute of limitations considered; cases distinguished. Fuller v. McMahan, 64 Kan. 441, 442, 443, 67 P. 828.

88. Alienation, joint consent may be evidenced by acts in pais. Sullivan v. Wichita, 64 Kan. 539, 68 P. 55.

89. Extension agreement by husband and mortgagee; effect considered. Securities Co. v. Manwarren, 64 Kan. 636, 68 P. 68.

90. Expressing willingness to join, but not joining, not joint consent. Durand v. Higgins, 67 Kan. 110, 72 P. 567.

91. Homestead, conveyance by husband and insane wife's guardian conveys nothing. Adams v. Gilbert, 67 Kan. 273, 72 P. 769.

92. Wife continues to be "family of owner" after husband's death. Cross v. Benson, 68 Kan. 495, 496, 75 P. 558.

93. Occupation by widow is occupation by "family of owner," exempt. Aultman v. Price, 68 Kan. 640, 641, 75 P. 1019.

94. Joint consent to lease shown when wife did not sign. Johnson v. Samuelson, 69 Kan. 263, 270, 76 P. 867.

95. Purchase of homestead by insolvent debtor; not subject to debts. McConnell v. Wolcott, 70 Kan. 375, 384, 78 P. 848.

96. Homestead, purchase money advanced under oral promise to execute mortgage constitutes lien. Foster v. Bank, 71 Kan. 158, 163, 80 P. 49.

97. Husband of insane woman cannot, by any conduct, alienate homestead. Withers v. Love, 72 Kan. 140, 83 P. 204.

98. Wife estopped by conduct to object to husband's lease. Shay v. Bevis, 72 Kan. 208, 211, 83 P. 202.

99. Intention to occupy must be accompanied by some overt act. Bush v. Adams, 72 Kan. 556, 557, 84 P. 122.

100. Section applied in upholding married woman's contract. Harrington v. Lowe, 73 Kan. 1, 18, 84 P. 570.

101. Oil lease; change in payment of rentals; consent of wife unnecessary. Wilson v. Gas Co., 75 Kan. 499, 89 P. 897.

102. Homestead exemption applies to surviving husband or wife alone. Weaver v. Bank, 76 Kan. 540, 542, 543, 94 P. 273.

103. Homestead exemption ceases on one property when attaching to another. Randolph v. Wilhite, 78 Kan. 355, 359, 365, 96 P. 492.

104. Section applied, holding wife's house property of another, for arson. The State v. Shaw, 79 Kan. 396, 100 P. 78.

105. Statute of descents and distributions not in conflict with this section. Towle v. Towle, 81 Kan. 675, 680, 681, 683, 688, 107 P. 228.

106. Share of adult son may be sold at forced sale; purchaser of share of adult son entitled to partition. Bank v. Carter, 81 Kan. 694, 107 P. 234.

107. "Occupied as a residence," construed; under facts stated, not exempt. Quinton v. Adams, 83 Kan. 484, 488, 112 P. 95.

108. Wife, believing husband dead, executing conveyance; deed may be canceled. Thompson v. Millikin, 93 Kan. 72, 143 P. 430.

109. Husband not party to action, lien for improvements not binding. King v. Wilson, 95 Kan. 390, 394, 148 P. 752.

110. Obligation contracted for erection of improvements on home; effect considered. Manufacturing Co. v. Haughton, 97 Kan. 528, 530, 155 P. 1078.

111. Homestead awarded as alimony subject to lien; sale not enjoined. Hamm v. Hamm, 98 Kan. 360, 158 P. 22.

112. Contract of purchase changed without consent of wife, change invalid; homestead character depends upon occupancy, not a source of title. Postlethwaite v. Edson, 102 Kan. 104, 171 P. 769. Affirmed: 102 Kan. 619, 171 P. 769.

113. Land occupied by spouse under contract of purchase, a homestead. Walz v. Keller, 102 Kan. 124, 127, 169 P. 196.

114. Will is not conveyance or alienation of real estate; devise of homestead; rights of general creditors considered. Postlethwaite v. Edson, 102 Kan. 619, 171 P. 769.

115. Title in wife; occupied by her and children; homestead exempt; absence of one spouse from the state; conveyance voidable; effect of other spouse acquiring homestead in another state considered. Thompson v. Millikin, 102 Kan. 717, 721, 172 P. 534.

116. Homestead occupied by widow of childless testator; partition considered. Breen v. Breen, 102 Kan. 766, 173 P. 2.

117. Homestead occupied by unmarried daughter after death of parents, exempt; party absent from city in which homestead situated; residence considered. Koehler v. Gray, 102 Kan. 878, 881, 172 P. 25.

118. Whether title in husband or wife, immaterial. Putnam v. Putnam, 104 Kan. 47, 53, 177 P. 838.

119. Both spouses' consent essential to oil lease, although wife insane. Peterson v. Skidmore, 108 Kan. 339, 341, 343, 195 P. 600.

120. Husband insane; joint consent impossible; specific performance of contract refused. Iles v. Benedict, 110 Kan. 200, 201, 203 P. 925.

121. Mortgage on homestead valid although wife ignorant of its nature. Ferguson v. Nuttleman, 110 Kan. 718, 721, 205 P. 365.

122. Lien for purchase money; afterwards occupied as homestead; not exempt. Bank v. Pickering, 111 Kan. 132, 135, 205 P. 1110.

123. Creditors cannot object to conveyance of homestead after insolvency. Mathewson, Administrator, v. Richards, 114 Kan. 500, 220 P. 185.

124. Section does not forbid widow to voluntarily relinquish her homestead. Butler v. Miller, 116 Kan. 351, 225 P. 895.

125. Joint consent of husband and wife necessary for alienation. Eakin v. Wycoff, 118 Kan. 167, 173, 234 P. 63.

126. Homestead rights of wife cannot be affected by antenuptial agreement. Hoard v. Jones, 119 Kan. 138, 152, 237 P. 888.

127. Occupation as residence is essential to establishment of homestead. Blitz v. Metzger, 119 Kan. 760, 765, 241 P. 259; Citizens State Bank v. Bird, 121 Kan. 617, 618, 249 P. 593.

128. Section cited in construing term "piece of land." State, ex rel., v. Kansas City, 122 Kan. 311, 322, 252 P. 714.

129. Crops growing on homestead are exempt. Isley Lumber Co. v. Kitch, 123 Kan. 441, 444, 256 P. 133.

130. Tract cannot consist of separate parcels cornering with each other. Commercial Nat'l Bank v. Carnahan, 128 Kan. 87, 276 P. 57.

131. Homestead exemption not carried to annexed personal property. Smith v. Holland Furnace Co., 128 Kan. 580, 583, 278 P. 719.

132. Finding of joint consent within meaning of homestead exemption upheld. Elliott v. Faulkner, 131 Kan. 528, 534, 292 P. 918.

133. Widow has exclusive right to use and occupy homestead. Boulls v. Boulls, 137 Kan. 880, 884, 22 P.2d 465.

134. Homestead exemption held not waived as statute cannot limit this provision. West v. Grove, 139 Kan. 361, 363, 31 P.2d 10.

135. Acts authorizing homestead conveyance by one spouse where other insane held void. In re Barnell Estate, 141 Kan. 842, 844, 44 P.2d 214.

136. Homestead exempt from sale to satisfy judgment for money loaned for improvements. Dotson-Murray Fruit Co. v. Leibrand, 143 Kan. 72, 73, 53 P.2d 487.

137. Right of single person to homestead exemption denied; cases reviewed. Protection State Bank v. Baker, 143 Kan. 201, 203, 53 P.2d 469.

138. Evidence sufficient to sustain trial court's finding of abandonment. Sheetz v. Waltz, 144 Kan. 595, 61 P.2d 883.

139. Lease of homestead executed by husband alone held invalid. Bennett v. Glazier, 145 Kan. 571, 66 P.2d 370.

140. Business building erected; later partial occupancy as residence; building not a homestead. Anderson v. Shannon, 146 Kan. 704, 711, 73 P.2d 5.

141. Cited in holding alimony decree in sound discretion of trial court. Forster v. Forster, 148 Kan. 202, 203, 80 P.2d 1057.

142. Homestead occupied by widower alone not subject to partition. Parks v. Tuffli, 148 Kan. 221, 80 P.2d 1062.

143. Joint consent necessary as to lien for debt not purchase price. Kalivoda v. Kalivoda, 148 Kan. 238, 243, 80 P.2d 1050.

144. Exemption unavailing in action for purchase price. Debolt v. Sharp, 148 Kan. 298, 301, 80 P.2d 1054.

145. Lien provision (now repealed) of social-welfare act held valid. Hawkins v. Social Welfare Board, 148 Kan. 760, 761, 763, 764, 84 P.2d 930.

146. Homestead purchased with nonexempt funds exempt from creditors without special lien. Metz v. Williams, 149 Kan. 647, 88 P.2d 1093.

147. Rents and profits of homestead properly applied to payment of indebtedness in mortgage foreclosure. Home Owners' Loan Corp. v. Benner, 150 Kan. 108, 110, 111, 91 P.2d 9.

148. Under facts lien waived by compromise agreement. Wagner v. Downey, 151 Kan. 505, 509, 99 P.2d 761.

149. Cited in discussing proceedings under K.S.A. 79-2801 et seq. Labette County Comm'rs v. Abbey, 151 Kan. 710, 711, 100 P.2d 720.

150. Share of one abandoning homestead held for payment of decedent's debts. Brigham v. Pfister, 151 Kan. 991, 992, 101 P.2d 869.

151. Family may include widowed sister-in-law and nephews living with uncle; liberally construed. In re Estate of Dittemore, 152 Kan. 574, 576, 106 P.2d 1056.

152. Homestead in city cannot consist of lots divided by public alley; homestead not abandoned unless abandonment voluntary. Meech v. Grigsby, 153 Kan. 784, 787, 113 P.2d 1091.

153. Right of subrogation to interest in valid mortgage not defeated by this section. Tillotson v. Goodman, 154 Kan. 31, 36, 114 P.2d 845.

154. Tenant in common's homestead exemption is limited to his interest in 160 acres. Nelson v. Stocking, 154 Kan. 676, 121 P.2d 215.

155. Wife's written consent to chattel mortgage of exempt property not necessary. Hess-Harrington, Inc. v. State Exchange Bank, 155 Kan. 118, 123, 122 P.2d 739.

156. Power of insane person's guardian (before 1944 amendment) to consent to alienation of homestead discussed. Starke v. Starke, 155 Kan. 331, 332, 336, 337, 339, 341, 343, 347, 349, 350, 125 P.2d 738.

157. Homestead devised to wife exempt from sale for decedent's debts. In re Estate of Casey, 156 Kan. 590, 595, 134 P.2d 665.

158. Homestead exemption applies to husband occupying premises alone. Brooks v. Marquess, 157 Kan. 244, 245, 246, 139 P.2d 395.

159. "Joint consent" required only when relation of husband and wife exists. Lockridge v. Glace, 158 Kan. 431, 432, 438, 147 P.2d 726.

160. Finding farm not homestead of decedent at time of death upheld. In re Estate of Schroeder, 158 Kan. 783, 787, 150 P.2d 173.

161. Cotenant cannot establish homestead right in property against other cotenants. Cole v. Coons, 162 Kan. 624, 635, 178 P.2d 997.

162. Homestead cannot be alienated if one spouse insane. Steinkirchner v. Linscheid, 164 Kan. 179, 181, 182, 183, 185, 191, 188 P.2d 960. Affirmed: 165 Kan. 390, 195 P.2d 592.

163. Valid postnuptial separation agreement may dispose of homestead rights. In re Estate of Winter, 164 Kan. 615, 619, 192 P.2d 186.

164. Exceptions to homestead exemption; waiver by failure of recital in judgment; proceeds from homestead sale in custodia legis exempt from garnishment; simple judgment for improvements to homestead; execution against homestead proper, when. De Priest v. Ransom, 165 Kan. 147, 148, 151, 154, 193 P.2d 191.

165. Guardian of insane ward cannot convey ward's homestead. Bradley v. Hall, 165 Kan. 358, 361, 366, 194 P.2d 943.

166. Homestead rights of wife cannot be affected by antenuptial agreement. In re Estate of Place, 166 Kan. 528, 531, 203 P.2d 132.

167. Mentioned; tenants in common; judgment lien; homestead exemption. Kirkpatrick v. Ault, 177 Kan. 552, 556, 280 P.2d 637.

168. No homestead without ownership; will did not create estate comparable to homestead. Johnston v. Gibson, 184 Kan. 109, 110, 112, 113, 334 P.2d 348.

169. Equitable purchase-money mortgage takes priority over homestead exemption. Hill v. Hill, 185 Kan. 389, 390, 399, 345 P.2d 1015.

170. Homestead question which has become moot not subject to determination. In re Estate of Snyder, 187 Kan. 373, 374, 357 P.2d 778.

171. Waiver of homestead exemption contained in indemnity agreement not valid; contrary to public policy; did not create lien on any property. Iowa Mutual Ins. Co. v. Parr, 189 Kan. 475, 478, 479, 481, 370 P.2d 400.

172. Section prohibits padlocking of homestead under provisions of K.S.A. 41-806. State, ex rel., v. Mitchell, 194 Kan. 463, 464, 467, 399 P.2d 556.

173. Term "occupancy" considered; determination of abandonment or destruction of homestead. Bellport v. Harder, 196 Kan. 294, 297, 298, 411 P.2d 725.

174. Where wife gives warranty deed to spouse who executes mortgage, homestead waived. Mid Kansas Federal Savings & Loan Ass'n v. Binter, 197 Kan. 106, 108, 415 P.2d 278.

175. Right of redemption of corporate mortgagor not exempt property. Southwest State Bank v. Quinn, 198 Kan. 359, 363, 424 P.2d 620.

176. Although lien for federal or state income taxes owed by husband will lie against homestead of husband, lien may not be enforced against cotenant wife's homestead right. U.S. v. Hershberger, 338 F. Supp. 804, 805.

177. Homestead; when farming land within limits of incorporated town, homestead exemption limited to one acre. In re Stafos, 354 F. Supp. 299, 300.

178. Under tax foreclosure exception of homestead law, tax must relate only to taxes arising against the property involved. United States v. Hershberger, 475 F.2d 679, 680.

179. Homestead exemption limited to one acre when farming land within limits of incorporated town. Stafos v. Jarvis, 477 F.2d 369, 370, 371, 373.

180. Section construed; leased unit of bankrupt's duplex not covered by homestead exemption. Belcher v. Turner, 579 F.2d 73, 74.

181. Personal judgment against decedent not a lien on homestead. Jones v. St. Francis Hosp. & School of Nursing, 225 Kan. 649, 652, 653, 594 P.2d 162.

182. Waiver of homestead and personal exemptions by executory contract is against public policy and void. Celco, Inc. of America v. Davis Van Lines, Inc., 226 Kan. 366, 368, 369, 370, 598 P.2d 188.

183. Spouse's homestead right upheld although forced to absent herself because of abuse from her drinking husband; intent to return retained. In re Estate of Fink, 4 Kan. App. 2d 523, 525, 529, 609 P.2d 211.

184. If owner demonstrates intent to occupy property prior to attachment of lien, homestead exemption applies under constructive occupancy rule. Security State Bank of Scott City v. Coberly, 5 Kan. App. 2d 691, 623 P.2d 544.

185. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 91, 631 P.2d 646 (1981).

186. Proceeds from involuntary transfer of homestead pursuant to divorce exempt where debtor intended to invest in another homestead. In re Daniels, 65 B.R. 703, 706 (1986).

187. Sales tax lien held as attaching to real property which is subject to constitutional claim of homestead exemption. Homestead Land Title Co. v. United States, 249 Kan. 569, 819 P.2d 660 (1991).

188. No forfeiture of homestead upon drug conviction unless consent of both husband and wife. City of Garden City v. Lot Nine, Block Three, 16 Kan. App. 2d 174, 819 P.2d 1250 (1991).

189. Homestead, establishment, occupancy, intent; debtor claimed 160 acres. In re Snook, 134 B.R. 424 (1991).

190. Security agreement did not meet requirements for enforceable security agreement. In Re Swearingen, 27 B.R. 379, 380, 384 (1983).

191. Noncontiguous tracts of land cannot constitute homestead. In re Piersol, 35 B.R. 121, 122 (1983).

192. Debtor was entitled to exemption for unaccrued royalty interest arising form oil and gas lease below homestead. In re Thexton, 39 B.R. 367, 368, 370, 371 (1984).

193. Forfeiture of homestead under K.S.A. 65-4135(a)(7)(A) of controlled substances act is forced sale not authorized by Kansas Constitution and is unconstitutional. State ex rel. Braun v. A Tract of Land, 16 Kan. App. 2d 757, 763, 829 P.2d 600 (1992); Aff'd. 251 Kan. 685, 687, 840 P.2d 453 (1992).

194. Cited, homestead interest in tract exceeding 160 acres, exemption applies only to 160 acres. Commerce Bank v. Odell, 16 Kan. App. 2d 704, 706, 827 P.2d 1205 (1992).

195. Whether sales tax lien attaches to real property subject to homestead exemption examined. Bank of Kansas v. Davison, 253 Kan. 780, 781, 789, 790, 861 P.2d 806 (1993).

196. Whether homestead acquired subject to judgment lien is exempt from forced sale to satisfy past due child support examined. In re Marriage of Johnson, 19 Kan. App. 2d 487, 488, 872 P.2d 308 (1994).

197. Whether compensating lien granted to former husband in homestead could be avoided pursuant to bankruptcy lien avoidance provision examined. In re Hilt, 175 B.R. 747, 749 (1994).

198. District court has authority to order sale of homestead to satisfy joint marital debts. In re Marriage of Beardslee, 22 Kan. App. 2d 787, 788, 791, 922 P.2d 1128 (1996).

199. Abandonment of a homestead considered; term "family" construed. In re Estate of Phillippe, 23 Kan. App. 2d 436, 437, 439, 933 P.2d 151 (1997).

200. Debtor must intend to reinvest proceeds from homestead sale for homestead in state to qualify for exemption. In re Ginter, 282 B.R. 16, 18 (2002).

201. Bankruptcy debtor may claim the homestead exemption for real estate in trust under the circumstances applicable. Redmond v. Kester, 284 Kan. 209, 210, 211, 216, 217, 218, 219, 159 P.3d 1004 (2007).

202. Kansas debtors' homestead exemptions are determined by state law, subject to applicable Bankruptcy Code limitations. In re Keck, 363 B.R. 193, 208 (2007).

203. Kansas homestead exemption is without dollar value limitation. In re Murphy, 367 B.R. 711, 714 (2007).

204. Listing in section of exceptions does not establish order of priority. American General Financial Services, Inc. v. Carter, 39 Kan. App. 2d 683, 691, 692, 182 P.3d 273 (2008).

205. Cited; judgment lien under K.S.A. 60-2202 does not attach to or affect a homestead. Deutsche Bank Nat'l Trust Co. v. Rooney, 39 Kan. App. 2d 913, 921, 186 P.3d 820 (2008).

206. Paydown of homestead mortgage three months prior to bankruptcy held not to be with fraudulent intent. In re Anderson, 386 B.R. 315 (2008).

207. Cited in discussion of homestead involving abandonment and multiple structures on homestead. In re Hall, 394 B.R. 582, 588 (2008).

208. Cited; Kansas homestead laws allow married debtors to claim separate homesteads when debtors actually live apart. In re Hall, 395 B.R. 722, 730 (2008).

209. There is a fundamental difference between a statutory mechanic's lien and the constitutional and statutory Kansas homestead exemption, and the Kansas homestead exemption does not reference mechanic's liens as an exception. In re Fakhari, 554 B.R. 250, 258–59 (Bkrtcy. D. Kan. 2016).

210. Because homestead was conveyed into revocable trust and co-trustees did not occupy homestead continuously after death of grantor, homestead exception could not be claimed and property became part of the trust assets. Chaney v. Armitage, 54 Kan. App. 2d 658, 667 (2017).