Conveyance of Homestead

V.S.A. tit. 27, ch. 3, subch. 2

in effect

27 V.S.A. § 141 Execution and acknowledgment of conveyance

141. Execution and acknowledgment of conveyance (a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the execution and acknowledgment of such conveyance. A conveyance thereof, or of an interest therein, not so made and acknowledged, shall be inoperative so far only as relates to the homestead provided for in this chapter. (b) When a mortgagee takes an accruing mortgage, the only debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution and any subsequent direct indebtedness of the mortgagor to such mortgagee; provided, that when the mortgage includes a homestead, the written consent of the wife or husband of the mortgagor to the creation of such subsequent direct indebtedness shall be required. (c) If a mortgaged property includes a homestead, any amendment to the mortgage which increases the amount of the indebtedness secured thereby or extends the date of maturity thereof shall be executed and acknowledged by both spouses. The failure to obtain the written spousal consent shall not affect the validity or priority of such amendment, but the lien created thereby shall be inoperative so far only as relates to the rights of homestead of such spouse in the mortgaged premises under chapter 3 of this title, provided the amendment is challenged by such spouse before his or her homestead interest is otherwise extinguished. (d) Notwithstanding anything to the contrary in this section, a spouse or civil union partner may convey his or her respective homestead interest to the other spouse or civil union partner prior to the time the homestead right vests, thereby divesting the grantor of any homestead interest in the property. A conveyance of homestead property between spouses or civil union partners shall be deemed to include a conveyance of any homestead interest. This section shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2008. Amended 1999, No. 153 (Adj. Sess.), § 31, eff. May 24, 2000; 2007, No. 177 (Adj. Sess.), § 1.

27 V.S.A. § 142 Homesteader under guardianship

142. Homesteader under guardianship When the guardian of a married person is licensed to sell the real estate of his or her ward, the wife or husband of the ward may join with the guardian in the conveyance and release his or her right of homestead in the granted premises, as she or he might have done by a conveyance thereof made jointly with the husband or wife if he or she had not been under disability.

27 V.S.A. § 143 Spouse with a mental condition or psychiatric disability

143. Spouse with a mental condition or psychiatric disability (a) When the spouse of an owner of a homestead lacks capacity to protect the spouse’s homestead interest due to a mental condition or psychiatric disability and the owner desires to convey the homestead or an interest therein, the owner may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days’ notice of the petition to the kindred of the spouse who lacks capacity to protect the spouse’s interest due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by the owner’s sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect the spouse’s interests and had joined in the deed. (b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires. (c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54; 2023, No. 6, § 318, eff. July 1, 2023.

27 V.S.A. § 144 Effect when spouse joins in conveyance

144. Effect when spouse joins in conveyance The joining by a wife or husband in such conveyance shall have no effect upon her or his right to a third in value of the real estate of which the husband or wife died seised.

27 V.S.A. § 145 Effect of spouse joining in mortgage

145. Effect of spouse joining in mortgage If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the mortgage. If the mortgage includes lands other than the homestead, and the owner thereof dies, the other lands shall be first sold by the executor or administrator and applied on the mortgage and the residue only shall rest on the homestead. When the Probate Division of the Superior Court orders the whole to be sold, the balance of the proceeds after the payment of the mortgage not exceeding $125,000.00 shall be under the control of the court as in case of the sale of a homestead under this chapter. Amended 1967, No. 287 (Adj. Sess.), § 3; 1995, No. 186 (Adj. Sess.), § 24c, eff. Jan. 1, 1997; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 194 (Adj. Sess.), § 9, eff. June 17, 2014.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/27/003Fetched: 10/21/2026