Homestead laws were designed to protect a homeowner from losing their principal residence to satisfy a creditor’s judgment. If a creditor sues you in court and you lose, the creditor will obtain a judgment for the amount owed. If you fail to pay this judgment, the creditor can then collect by garnishing your wages or in certain cases, having your home sold in order to satisfy the judgment. Filing a Declaration of Homestead will protect a certain amount of equity in your home from being taken in order to satisfy a creditor’s judgment.

In North Dakota homestead exemptions are limited to the value of $100,000. It is advisable to record a homestead declaration prior to an occurrence but in certain instances it is possible to file a declaration of homestead after a lien is recorded. It should be noted that homestead exemptions do not apply or protect a person’s equity in certain situations. A North Dakota Declaration of Homestead does not apply for payment of debts secured by certain types of construction liens or debts secured by the mortgage.

This North Dakota Declaration of Homestead for a Single Person contains the following provisions:

• Party: Identifies the party filing the homestead declaration;
• Property Location: Sets forth the address and complete legal description of the property;
• Declaration: States that the property is the homeowner’s primary residence;
• Value of the Premises: The estimated cash value of the premises;
• Signatures and Notary: The homestead declaration must be signed in front of a notary public.

Protect your Rights and your Property by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:

1. Instructions and Checklist
2. General Information
3. Step-by-Step Instructions
4. North Dakota Declaration of Homestead for a Single Person

State Law Compliance: This form complies with the laws of North Dakota