Section 2.24 Real Property Exempt From Execution
Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
4. (§2.24) Real Property Exempt From Execution
All real estate in which the judgment debtor has any legal or equitable interest at the time of levy or rendition of the judgment or at any later time is subject to execution except when made exempt from execution by statute. Ragan v. Looney, 377 S.W.2d 273 (Mo. 1964). The following exemption statutes apply to real estate:
· Section 513.475, RSMo Supp. 2008, exempting a homestead and product of the homestead from execution
· Section 513.440, RSMo Supp. 2008, discussed in §2.8 above, permitting the head of a family to select personal or real property exempt from execution not exceeding the value of $1,250 plus $350 for each unmarried dependent child under the age of 18 years
· Section 513.430.1(3), RSMo Supp. 2008, discussed in §2.8 above, providing an exemption for any type of property not exceeding the value of $600
Section 513.475 exempts the homestead of any person from execution. The homestead includes a dwelling house, appurtenances, and the land used in connection with them—not exceeding the value of $15,000. Section...
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- Section 2.1 Introduction
- Section 2.2 Right to Execution
- Section 2.3 Issuance and Direction
- Section 2.4 Form of Request for Issuance of Execution
- Section 2.5 Setting Aside or Quashing Execution
- Section 2.6 Effect of Modification, Vacation, or Reversal of Judgment
- Section 2.7 How Made
- Section 2.8 Personal Property Exempt From Execution
- Section 2.9 Persons Entitled to Exemption Rights
- Section 2.10 Protection and Enforcement of Exemption Rights
- Section 2.11 Form of Notice of Exemptions
- Section 2.12 Claim of Exemption as Head of a Family
- Section 2.13 Delivery Bond
- Section 2.14 Time, Place, and Manner of Sale
- Section 2.15 Form of Notice of Sheriff's Sale
- Section 2.16 Procedure to Assert
- Section 2.17 Form of Notice of Third-Party Claim
- Section 2.18 Generally
- Section 2.19 Priority Between Judgment Creditors
- Section 2.20 Federal Tax Liens
- Section 2.21 What Constitutes a Levy of Real Property
- Section 2.22 Form of Notice of Levy
- Section 2.23 Notice of Issuance of Execution
- Section 2.24 Real Property Exempt From Execution
- Section 2.25 Persons Entitled to Exemption Rights
- Section 2.26 Protection and Enforcement of Exemption Rights
- Section 2.27 Setting Off the Exempt Homestead and Sale of the Surplus
- Section 2.28 Fraudulently Conveyed Property
- Section 2.29 Sale
- Section 2.30 Generally
- Section 2.31 Priority Between Holders of Deeds of Trust
- Section 2.32 Priority Between Judgment Creditors
- Section 2.33 Federal Tax Liens
- Section 2.34 Execution for Possession of Real Property—Writs of Restitution and Possession
- Section 2.35 Judgment Debtor Examination
- Section 2.36 Use Immunity
- Section 2.37 Discovery in Aid of Execution
- Section 2.38 Application of Missouri Law to Discovery Process in Federal Courts Located in Missouri (New Section)
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