North Dakota: Homestead Exemption Amounts
The short answer
North Dakota protects up to $150,000 of your home's value, over and above any mortgages or other liens, from an ordinary money judgment (N.D.C.C. § 47-18-01). That figure was raised from $100,000 in 2023, so older charts showing $100,000 are out of date. There is no acreage limit: the only spatial rule is that the land has to be contiguous. Protection is automatic: you don't have to record anything, though you may file an optional declaration of homestead (§ 47-18-17). The exemption doesn't stop a mortgage you signed, a mechanic's or laborer's lien, purchase-money debt, or property taxes (§ 47-18-04), and if your equity tops $150,000 a creditor can force a sale of the excess after an appraisal. If the home is sold, the exempt proceeds stay protected for one year (§ 47-18-16).
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This is the general rule in North Dakota. Ezel applies current North Dakota law to your specific facts and answers with citations to the statutes.
| Governing law | N.D.C.C. Title 47 ('Property'), ch. 47-18 ('Homestead'). § 47-18-01 sets the value cap and creates the exemption; § 47-18-03 covers selection when the claimant is married; § 47-18-04 lists the debts that can still reach the home; § 47-18-05 requires both spouses to sign any conveyance or encumbrance; §§ 47-18-06 to 47-18-14 govern the appraisal, division, and forced sale of an over-value homestead; § 47-18-16 protects sale proceeds; §§ 47-18-17 to 47-18-20 provide an optional recorded declaration. The rule is statutory |
|---|---|
| Exemption amount | $150,000 in value, over and above liens or encumbrances. The homestead consists of the land, dwelling, appurtenances, and improvements, 'the total not to exceed one hundred fifty thousand dollars in value, over and above liens or encumbrances or both' (§ 47-18-01). It is an equity cap measured after prior liens: your home's value minus existing mortgages, protected up to $150,000. This figure was raised from $100,000 by SB 2206 (2023), so older sources citing $100,000 are stale |
| Size or acreage limit | None. North Dakota caps the homestead by dollar value, not by acreage: the current statute sets no acre limit. The only spatial rule is contiguity: the homestead 'may not embrace different lots or tracts of land unless the lots or tracts of land are contiguous,' meaning tracts that share a common point (or would but for an intervening road or right of way) (§ 47-18-01). (Older secondary sources citing a 2-acre / 160-acre limit describe a superseded version.) |
| Automatic, or do you have to file something? | Automatic. The homestead 'shall be exempt from judgment lien and from execution or forced sale' by statute (§ 47-18-01), and § 47-18-17 makes the point explicit: 'A failure to make such declaration shall not impair the homestead right.' You may voluntarily execute, acknowledge, and record a declaration of homestead (§§ 47-18-18 to 47-18-20) to give public notice of the claim, but it is optional and is not a condition of the protection |
| Who qualifies, and can spouses double it? | Any individual, 'whether married or unmarried,' residing in North Dakota who resides on the land (§ 47-18-01). If the claimant is married, the homestead may be selected from the separate property of either spouse with the other spouse's consent (§ 47-18-03). No doubling: the statute sets a single $150,000 cap per homestead regardless of one or two owners. And a married person's homestead 'cannot be conveyed or encumbered' unless both spouses sign (§ 47-18-05), which protects a non-signing spouse |
| What it actually protects you from | The homestead is 'exempt from judgment lien and from execution or forced sale' up to $150,000 of value over liens (§ 47-18-01). If a creditor believes your equity exceeds that, it may petition for a court appraisal (§ 47-18-06). If the property can be divided without material injury, the appraisers set off enough (including the residence) to equal the exemption and the rest can be sold (§ 47-18-12). If it can't be divided, the court may order a sale, but no bid below the exemption amount is accepted, and you are paid your $150,000 first (§§ 47-18-13, 47-18-14) |
| Debts that can still reach your home | Under § 47-18-04 the homestead is subject to forced sale for: (1) mechanics', construction, or laborers' liens for work or materials that improved the home; (2) a mortgage 'executed and acknowledged by both husband and wife, or an unmarried claimant'; (3) debts for the purchase of the home and 'all taxes accruing and levied thereon'; and (4) all other debts only to the extent the appraised value exceeds $150,000 over liens. Separately, a non-purchase-money mortgage on a homestead of 40 acres or more must carry a conspicuous, separately signed homestead-waiver notice to be effective (§ 47-18-05.1) |
| Protection for sale proceeds | One year. If the homestead is conveyed (§ 47-18-05) or sold to satisfy a lien listed in § 47-18-04, the sale price or proceeds 'beyond the amount necessary to satisfy such lien,' up to the $150,000 exemption, keep 'the same protection against legal process as the law gives to the homestead' for one year from the conveyance (§ 47-18-16). In a forced sale of an over-value homestead, the exempt amount is paid to the claimant, and for a married claimant the court may order the $150,000 held in court with the same protection as the home (§ 47-18-14) |
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Requirements one by one
Governing law
The homestead exemption is statutory, in N.D.C.C. Title 47, Chapter 47-18 ("Homestead"):
- § 47-18-01 sets the $150,000 value cap and creates the exemption.
- § 47-18-03 covers how a married claimant selects the homestead.
- § 47-18-04 lists the debts that can still reach the home.
- § 47-18-05 requires both spouses to sign any conveyance or mortgage.
- §§ 47-18-06 to 47-18-14 run the appraisal, division, and sale of an over-value homestead.
- § 47-18-16 protects sale proceeds for a year.
- §§ 47-18-17 to 47-18-20 provide an optional recorded declaration.
Exemption amount
$150,000, over and above liens. The homestead is the land, dwelling, appurtenances, and improvements, "the total not to exceed one hundred fifty thousand dollars in value, over and above liens or encumbrances or both" (§ 47-18-01). Because the cap is measured after your mortgage and other liens, it protects up to $150,000 of your actual equity. The North Dakota legislature raised this from $100,000 to $150,000 in 2023 (SB 2206).
Size or acreage limit
None. North Dakota caps the homestead by dollars, not acres, the current statute has no acreage limit. The only geographic rule is contiguity: the homestead "may not embrace different lots or tracts of land unless the lots or tracts of land are contiguous," which the statute defines as tracts sharing a common point (or that would but for an intervening road or right of way) (§ 47-18-01). If you see an older source citing a two-acre or 160-acre limit, that describes a superseded version of the law.
Automatic, or do you have to file something?
Automatic. The homestead is exempt by statute (§ 47-18-01), and § 47-18-17 spells it out: "A failure to make such declaration shall not impair the homestead right." You may execute, acknowledge, and record a declaration of homestead (§§ 47-18-18 to 47-18-20) to give public notice of your claim, but it's optional, never a precondition to the protection.
Who qualifies, and can spouses double it?
Any individual, "whether married or unmarried," who resides in North Dakota and lives on the land (§ 47-18-01). If you're married, the homestead can be selected from either spouse's separate property with the other's consent (§ 47-18-03). No doubling, the statute sets one $150,000 cap per homestead, whether one person or a couple owns it. And a married person's homestead "cannot be conveyed or encumbered" unless both spouses sign (§ 47-18-05), so one spouse can't mortgage the family home alone.
What it actually protects you from
The homestead is "exempt from judgment lien and from execution or forced sale" up to $150,000 of value over liens (§ 47-18-01). If a creditor thinks your equity is higher, it can petition a court to appoint appraisers (§ 47-18-06). If the property can be split without material injury, the appraisers set off enough of it, including your residence, to equal the exemption, and the rest can be sold (§ 47-18-12). If it can't be divided, the court may order a sale, but no bid below the exemption amount is accepted, and you're paid your $150,000 out of the proceeds first (§§ 47-18-13, 47-18-14).
Debts that can still reach your home
Section 47-18-04 makes the homestead subject to a forced sale for four kinds of debt:
- Mechanics', construction, or laborers' liens for work or materials that improved the home.
- A mortgage you signed, "executed and acknowledged by both husband and wife, or an unmarried claimant."
- Purchase-money debt and property taxes ("all taxes accruing and levied thereon").
- Any other debt, but only to the extent an appraisal shows your value exceeds $150,000 over liens.
One extra wrinkle: a non-purchase-money mortgage on a homestead of 40 acres or more must include a conspicuous, separately signed homestead-waiver notice to be effective against the homestead (§ 47-18-05.1).
Protection for sale proceeds
One year. If the homestead is conveyed (§ 47-18-05) or sold to satisfy a lien listed in § 47-18-04, the price or proceeds "beyond the amount necessary to satisfy such lien," up to the $150,000 exemption, keep "the same protection against legal process as the law gives to the homestead" for one year from the conveyance (§ 47-18-16). And in a forced sale of an over-value home, the exempt amount goes to you first; for a married claimant, the court can order the $150,000 held in court with the same protection the home had (§ 47-18-14).
What trips people up
$150,000, not $100,000. The exemption went up in 2023. Many online charts and even some forms still show the old $100,000 figure, rely on the current statute.
It's equity over liens, not the whole house. The cap sits on top of your mortgage. If your home is worth $500,000 with a $200,000 mortgage, you have $300,000 of equity, and only $150,000 of it is protected, the other $150,000 can be reached after an appraisal.
Both spouses must sign to mortgage the home. A mortgage or conveyance of a married person's homestead signed by only one spouse isn't valid against the homestead (§ 47-18-05).
Forget the old acreage rule. The current law has no acre limit, only the dollar cap and the contiguity requirement.
Common questions
How much home equity does North Dakota protect from creditors? Up to $150,000 over and above your liens (N.D.C.C. § 47-18-01).
Is there an acreage limit? No. The only spatial rule is that the land be contiguous.
Do I have to file a homestead declaration in North Dakota? No, the exemption is automatic. Recording a declaration is optional (§ 47-18-17).
What if my equity is more than $150,000? A creditor can have the home appraised; if it's worth more than $150,000 over liens, the excess can be reached, by dividing the property or selling it and paying you the exemption first (§§ 47-18-06 to 47-18-14).
If I sell my home, is the money protected? The exempt proceeds keep the homestead's protection for one year (§ 47-18-16).
Statutes and sources
- N.D.C.C. § 47-18-01 (homestead area and value; $150,000 over liens; contiguity), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
- N.D.C.C. § 47-18-04 (when homestead subject to execution; mechanic's/mortgage/purchase-money/tax/excess-value exceptions), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
- N.D.C.C. § 47-18-03 (selection of homestead when married), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
- N.D.C.C. § 47-18-05 (homestead conveyed or encumbered only if both spouses sign), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
- N.D.C.C. § 47-18-16 (sale proceeds protected up to the exemption for one year), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
- N.D.C.C. § 47-18-17 (declaration of homestead optional; failure to declare does not impair the right), https://ndlegis.gov/cencode/t47c18.pdf (accessed 2026-07-10)
Source links
Every statute quoted above, linked, with the date we checked it.
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