An Act To Increase the Amount of Equity in a Principal Residence That Is Exempt from Attachment
Maine Legislature, Session 122, LD 0718
Committee: Judiciary
Sponsors: COLLINS, STRIMLING, CANAVAN, CARR, GERZOFSKY, NASS, PELLETIER-SIMPSON, SHERMAN, ANDREWS, BROMLEY
Amends: 14 MRSA §4422

Legislative Document 
No. 718 
H.P.5l3 
House of Representatives, February 10,2005 
An Act To Increase the Amount of Equity in a Principal Residence 
That Is Exempt from Attachment 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative COLLINS of Wells. 
Cosponsored by Senator STRIMLING of Cumberland and 
1l/~/J7.~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville, CARR of Lincoln, GERZOFSKY of Brunswick, 
NASS of Acton, PELLETIER-SIMPSON of Auburn, SHERMAN of Hodgdon, Senators: 
ANDREWS of York, BROMLEY of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §4422, sub-§I, as amended by PL 2003, c. 47, 
§§l and 2, is further amended to read: 
1. 
Principal 
residence. 
The 
exemption 
of 
a 
debtor's 
principal residence is subject to this subsection. 
For purposes 
of this subsection, "principal residence" means that place where 
the person has established a fixed and principal home to which 
the person, whenever temporarily absent, intends to return. 
A. 
Except 
as 
provided 
in 
paragraph 
B, 
the 
debtor's 
aggregate interest, not to exceed $~§Tggg $100,000 in value, 
in real or personal property that the debtor or a dependent 
of the debtor uses as a residenceT or in a cooperative that 
owns property that the debtor or a dependent of the debtor 
use s as a re side nce T - e£ - -iR- -a- ffiH'-i-a-l- -p-l-o-t:- -f-o-r- -t,he. -<iie-:&Wf:- -En:· - a 
aeFeRaeR~-~--~h&-aea~e£7-~~i~-~Ha~--i~-~~~-aeFeRaeR~s 
ef-~~~~~-Rave-~£€-i~-~~~~~-Flaee-~--r~idenc~-wi~R 
~Re-~~7--~h&-aea~e£~6-~~~-iR~eFe&~-may-~-eHeeeg 
$+gTgGG-~-~~-i~-f~~~Re~ except that if the debtor's 
interest is held jointly with any other person or persons, 
the exemption may not exceed in value the lesser of 
$~§TGGQ 
$100,000 or the product of the debtor's fractional share 
times $1GTGGG $100,000. 
B. 
The debtor's aggregate interest, not to exceed $1GTGGg 
$200,000 in value, in property described in paragraph A, it 
the debtor or a dependent of the debtor is either a person 
years of age or older or a person physically or mentally 
disabled and because of such disability is unable to engage 
in substantial gainful employment and whose disability has 
lasted or can be expected to last for at least 12 months or 
can be expected to result in death; 
FFev.,ie.e-€l--~Ha~ if the 
debtor's interest is held jointly with any other person or 
persons, the exemption may not exceed in value the lesser of 
$1GTG9G $200,000 or the product of the fractional share of 
the 
debtor's 
interest 
times 
$±4G T9GG 
$200,000. 
This 
paragraph does not apply to liens obtained prior to its 
effective date or to 
judgments based on torts involving 
other than ordinary negligence on the part of the debtor. 
C. 
That portion of the proceeds from any sale of property 
wRieR that is exempt under this section shall be exempt for 
a 
period of 
months 
from the date of receipt of 
such 
proceeds for purposes of reinvesting in a residence wi thin 
that period. 
Sec. 2. 14 MRS A §4422, sub-§17 is enacted to read: 
Page l-LR0781(1) 
• 
Burial plots. 
The debtor's interest, not to exceed 
$35,000, in a bur ial plot for the debtor or a dependent of the 
debtor. 
SUMMARY 
Current 
law 
provides 
an 
exemption 
from 
attachment 
and 
execution of certain property of a debtor. 
The amount of the 
debtor's interest in a residence of the debtor that is exempt is 
$35,000, unless the resident is 60 years of age or older, in 
which case the exempt amount of the residence is $70,000. 
This bill amends the law regarding exemption from attachment 
and execution in the following ways: 
1. 
It clarifies that the exemption for a residence applies 
only to the principal residence of the debtor; 
2. 
It increases 
the 
amount 
of 
the principal 
residence 
exemption for a debtor less than 60 years of age to $100,000; 
3. 
It increases 
the 
exemption for 
a 
debtor who 
$200,000; and 
amount 
is at 
of 
the 
least 
principal 
residence 
years of age 
to 
4. 
It reallocates the exemption for burial plots from the 
subsection of 
law that deals 
with 
residences 
to 
a 
separate 
subsection.