Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

Legislative Committee

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Document introduced in:

Session 7432: 1895-03-13 10:00:00

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Proposition on Homesteads and Exemptions [File No. 14]

There are 0 proposed amendments related to this document on which decisions have not been taken.

File No. 14 on Homesteads and Exemptions.

Section I.

A homestead to the extent of One hundred and Sixty (160) acres of land; or the half of one acre within the limits of any incorporated city or town owned by the head of a family, a person having a mother or father, a person or persons dependent on him or her for support, residing in this State, together with One thousand ($1000) Dollars worth of personal property, in additional to his or her wearing apparel, and the improvements on the real estate shall be exempt from for taxes or assessments, or for the payment of obligations contracted for the purchase of said property or for the creation or repair of improvements on the real estate, exempted, or for house, field or other labor performed on the same. The exemptions herein provided for in a City or town shall not extend to more improvements or buildings than the residence and business house of the owner: and no judgement or decree, execution or attachment shall be alien upon exempted property except as provided in this article.

Section 2.

The exemptions provided for in Section One shall inure to the widow and heirs of the party entitled to such exemption and shall apply to all debts, except as specified in said section.

Section 3.

Nothing in the article shall be construed to prevent the holder of a homestead from alienating his or her homestead so exempted by deed or mortgage duly, executed by himself or herself, and by husband and wife if such relation exists; nor if the holder be without children to prevent him or her from disposing of his or her homestead by will prescribed by law.

Section 4.

No homestead provided for in section one shall be reduced in area on account of its being subsequently included within the limits of an incorporated City or town without the consent of the owner.

Section 5.

There shall be exempt from taxation property to the value of two hundred ($200.00) Dollars to every widow that has a family dependent on her for support, and to every person that has lost a limb or been disabled in war or by misfortunes.

Section 6. (Massachusetts Constitution)

No husband shall have the benefit of a homestead whose wife owns and is in actual enjoyment of property or means to the amount of two thousand ($2000.00) Dollars.

Section 7. (Louisiana Constitution)

The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled by gift, grant, inheritance, or demise, shall be and remain the estate and property of such female and shall not be liable for the debts, obligations or engagements of her husband; and may be devised or bequeathed by her as if she were unmarried.

The General Assembly shall enact such laws as may be necessary to enforce the provisions of this article.

(Florida Constitution)

Maloney

Delegate from Weber County

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