Becks contested the transfer as intended to defraud creditors. Following a jury trial, the circuit court agreed, voided the transfer, and returned the property to R.L. and Elinor as joint tenants. They have expressed their intent to sell the marital home. Both R.L. and Elinor are over 70 years of age. Eccleston v. State Farm Mut.
Statutory interpretation is a question of law reviewed de novo.
The purpose of statutory construction is to discover the true intention of the law which is to be ascertained primarily from the language expressed in the statute. The intent of a statute is determined from what the legislature said, rather than what the courts think it should have said, and the court must confine itself to the language used. Words and phrases in a statute must be given their plain meaning and effect. When the language in a statute is clear, certain and unambiguous, there is no reason for construction, and the Court's only function is to declare the meaning of the statute as clearly expressed. In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the sum of thirty thousand dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by the owner.