Severance and Sale of Homestead

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

in effect

27 V.S.A. § 181 Appraisal and severance of homestead

181. Appraisal and severance of homestead When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appraise and set out such homestead who, after being sworn, shall appraise and set out such homestead as provided for setting out homesteads in case of the levy of execution, and make report of their doings to such court. Such report shall be confirmed by the court unless cause is shown to the contrary, and a record thereof shall be made in the office where a deed of such homestead is required to be recorded, which shall operate as a severance of the homestead from the other real estate.

27 V.S.A. § 182 Application to Superior Court for relief

182. Application to Superior Court for relief When a dwelling house, outbuildings, and lands in which a homestead right exists exceed in value $125,000.00 and a severance of the homestead would greatly depreciate the value of the residue of the premises or be of great inconvenience to the parties interested either in the residue or in the homestead, either party may apply for relief to the Superior Court by a complaint setting forth the facts. Amended 1967, No. 287 (Adj. Sess.), § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1995, No. 186 (Adj. Sess.), § 24d, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 10, eff. June 17, 2014.

27 V.S.A. § 183 Transfer or sale in lieu of severance

183. Transfer or sale in lieu of severance When it appears upon hearing that the homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in the residue, the court may order the homestead to be transferred to such other parties and the payment of $125,000.00 to the owner thereof, or, at the option of the owner, the court may order the parties to transfer the residue to the owner and order the owner to pay such other parties the value of the homestead to be fixed by the court. If the case requires, the court may order a sale of the whole premises and apportion the proceeds between the parties, and the court may make such orders in the premises as are equitable. If the homestead is sold, the court may control the investment of the proceeds of the sale in a new homestead or make such disposition of the proceeds as equity requires. Amended 1967, No. 287 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24e, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 11, eff. June 17, 2014; 2023, No. 6, § 319, eff. July 1, 2023.

27 V.S.A. § 184 Beneficial sale without severance

184. Beneficial sale without severance When it appears to the Probate Division of the Superior Court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would greatly depreciate the value of the residue of the premises or would be of great inconvenience to the parties interested in such residue or in such homestead, on application of such widow or surviving husband or parties interested, the court may order the same to be sold as in case of the sale of real estate for the payment of debts. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

27 V.S.A. § 185 Control of proceeds of sale

185. Control of proceeds of sale When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in the conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the Probate Division of the Superior Court may control the investment of the proceeds of the sale in a new homestead or may direct the payment of the proceeds to a trustee appointed by the court or to the wife or husband, as the case may be, under such regulations and restrictions as in the judgment of the court will be for the best interests of all concerned. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 320, eff. July 1, 2023.

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