General Provisions

V.S.A. tit. 27, ch. 3, subch. 1

in effect

27 V.S.A. § 101 Definition; exemption from attachment and execution

101. Definition; exemption from attachment and execution The homestead of a natural person consisting of a dwelling house, outbuildings, and the land used in connection therewith, not exceeding $125,000.00 in value, and owned and used or kept by the person as a homestead together with the rents, issues, profits, and products thereof, shall be exempt from attachment and execution except as otherwise provided in this chapter. Amended 1967, No. 287 (Adj. Sess.), § 1; 1979, No. 67, § 7; 1995, No. 186 (Adj. Sess.), § 24a, eff. Jan. 1, 1997; 2009, No. 55, § 8; 2023, No. 6, § 314, eff. July 1, 2023.

27 V.S.A. § 102 Designating homestead in case of levy

102. Designating homestead in case of levy When an execution is levied upon real estate of the person of which a homestead is a part or upon that part of a homestead in excess of the limitation of $125,000.00 in value, that person may designate and choose the part thereof, not exceeding the limited value, to which the exemption created in section 101 of this title shall apply. Upon designation and choice or refusal to designate or choose, the officer levying the execution, if the parties fail to agree upon appraisers, shall appoint three disinterested freeholders of the vicinity who shall be sworn by him or her and who shall fix the location and boundaries of the homestead to the amount of $125,000.00 in value. The officer shall then proceed with the sale of the residue of the real estate on the execution as in other cases, and the doings in respect to the homestead shall be stated in the return upon the execution. Amended 1967, No. 287 (Adj. Sess.), § 2; 1995, No. 186 (Adj. Sess.), § 24b, eff. Jan. 1, 1997; 2009, No. 55, § 8.

27 V.S.A. § 103 When real estate mortgaged

103. When real estate mortgaged At the time of such levy of execution, if the homestead or real estate is encumbered by mortgage, the value and location of the homestead shall be fixed as provided in section 102 of this title and the sale shall proceed in the same manner as when a right to redeem mortgaged lands is taken. Only the portion of the mortgage as is in excess of the value of the real estate, aside from the homestead, shall rest on the homestead. Amended 2023, No. 6, § 315, eff. July 1, 2023.

27 V.S.A. § 104 Products of homestead

104. Products of homestead When the personal property of the person is attached or taken on execution against the person and the debtor claims that the same or a part thereof is the product of the homestead, appraisers shall be appointed and sworn as provided in section 102 of this title. They shall make division of the property, decide upon the claim and set out the products of the homestead to the debtor accordingly, and the doings thereon shall be stated by the officer in the officer’s return. Amended 2023, No. 6, § 316, eff. July 1, 2023.

27 V.S.A. § 105 Surviving spouse’s interest in homestead

105. Surviving spouse’s interest in homestead If a person dies leaving a surviving spouse, the person’s homestead to the value provided in this chapter shall pass to and vest in the surviving spouse without being subject to the payment of debts of the deceased, unless legally charged on the homestead in the person’s lifetime, and the surviving spouse shall take the same estate in the homestead of which the surviving spouse’s husband or wife dies seised. The Probate Division of the Superior Court in which the decedent’s estate is pending shall set out the homestead to the surviving spouse. Amended 1985, No. 144 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 6, § 317, eff. July 1, 2023.

27 V.S.A. § 106 Forfeiture and sale

106. Forfeiture and sale (a) When there are minor children living, an executor or administrator may make application to the Probate Division of the Superior Court to sell such homestead, such application stating the facts on which it is based, where: (1) the widow or surviving husband was not living with the deceased husband or wife at the time of the death of the other and had not resided at the homestead for two years immediately prior to such death through the fault of such widow or surviving husband; or (2) such widow or surviving husband has left the homestead and his or her residence cannot be ascertained after diligent inquiry by the executor or administrator of the deceased spouse. (b) After personal notice where possible or after order of publication thereon complied with, the Probate Division of the Superior Court may grant a license to the executor or administrator to sell the homestead if upon hearing it finds that such widow or surviving husband resided away from the homestead through his or her own fault or with the intention to abandon the minor children of the deceased. If the Probate Division of the Superior Court shall embody in such license a clause to such effect, such widow or surviving husband shall lose all right in and to such homestead. The net proceeds of such sale shall be assigned by the Probate Division of the Superior Court to such minor children for their use and benefit. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

27 V.S.A. § 107 Liability of homestead for debts

107. Liability of homestead for debts Such homestead shall be subject to attachment and levy of execution upon causes of action existing at the time of acquiring the homestead, except as otherwise provided in this chapter. For that purpose, such time shall be the date of the filing of the deed of such homestead in the proper office for the record of deeds.

27 V.S.A. § 108 Liability of homestead for taxes

108. Liability of homestead for taxes Like other real estate, a homestead shall be liable for the payment of taxes assessed thereon.

27 V.S.A. § 109 Acquisition of new homestead

109. Acquisition of new homestead When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which such prior homestead would not have been liable, if such new homestead is acquired with the consideration derived from the sale or other disposition of such prior homestead, or with other means not derived from the property of such person.

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