As Amended

SEC. 85-3-21. Homestead exemption; land and buildings.

Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed one hundred sixty (160) acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in determining this value, existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value of such land and buildings. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.

SOURCES: Codes, Hutchinson's 1848, ch. 62, art. 17(1); 1857, ch. 61, art. 281; 1871, Sec. 2135; 1880, Sec. 1248; 1892, Sec. 1970; 1906, Sec. 2146; Hemingway's 1917, Sec. 1821; 1930, Sec. 1765; 1942, Sec. 317; Laws, 1938, ch. 125; 1950, ch. 360; 1970, ch. 323, Sec. 1; 1979, ch. 447, Sec. 1; 1991, ch. 479, Sec. 1, eff from and after July 1, 1991.

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