reglab/housing_qa huggingface dataset:
27 V.S.A. § 106
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 106. Forfeiture and sale

§ 106. Forfeiture and sale|(a) When there are minor children living, an executor or administrator may make application to the probate division of the superior court to sell such homestead, such application stating the facts on which it is based, where:  (1) The widow or surviving husband was not living with the deceased husband or wife at the time of the death of the other and had not resided at the homestead for two years immediately prior to such death through the fault of such widow or surviving husband; or (2) Such widow or surviving husband has left the homestead and his or her residence cannot be ascertained after diligent inquiry by the executor or administrator of the deceased spouse.   (b) After personal notice where possible or after order of publication thereon complied with, the probate division of the superior court may grant a license to the executor or administrator to sell the homestead if upon hearing it finds that such widow or surviving husband resided away from the homestead through his or her own fault or with the intention to abandon the minor children of the deceased. If the probate division of the superior court shall embody in such license a clause to such effect, such widow or surviving husband shall lose all right in and to such homestead. The net proceeds of such sale shall be assigned by the probate division of the superior court to such minor children for their use and benefit. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
27 V.S.A. § 107
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 107. Liability of homestead for debts

§ 107. Liability of homestead for debts|Such homestead shall be subject to attachment and levy of execution upon causes of action existing at the time of acquiring the homestead, except as otherwise provided in this chapter. For that purpose, such time shall be the date of the filing of the deed of such homestead in the proper office for the record of deeds.
27 V.S.A. § 108
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 108. Liability of homestead for taxes

§ 108. Liability of homestead for taxes|Like other real estate, a homestead shall be liable for the payment of taxes assessed thereon.
27 V.S.A. § 109
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 109. Acquisition of new homestead

§ 109. Acquisition of new homestead|When a person acquires a new homestead, the prior homestead shall be liable for his or her debts and may be conveyed by him or her like other real estate. Such new homestead shall not be liable for causes of action against him or her to which such prior homestead would not have been liable, if such new homestead is acquired with the consideration derived from the sale or other disposition of such prior homestead, or with other means not derived from the property of such person.
27 V.S.A. § 141
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 141. Execution and acknowledgment of conveyance

§ 141. Execution and acknowledgment of conveyance|(a) A homestead or an interest therein shall not be conveyed by the owner thereof, if married, except by way of mortgage for the purchase money thereof given at the time of such purchase, unless the wife or husband joins in the execution and acknowledgment of such conveyance. A conveyance thereof, or of an interest therein, not so made and acknowledged, shall be inoperative so far only as relates to the homestead provided for in this chapter.(b) When a mortgagee takes an accruing mortgage, the only debt which shall be secured thereby or become a lien upon the property described therein shall be the debt described in the mortgage and existing at the time of its execution, and any subsequent direct indebtedness of the mortgagor to such mortgagee; provided, that when the mortgage includes a homestead, the written consent of the wife or husband of the mortgagor to the creation of such subsequent direct indebtedness shall be required.(c) If a mortgaged property includes a homestead, any amendment to the mortgage which increases the amount of the indebtedness secured thereby or extends the date of maturity thereof, shall be executed and acknowledged by both spouses. The failure to obtain the written spousal consent shall not affect the validity or priority of such amendment, but the lien created thereby shall be inoperative so far only as relates to the rights of homestead of such spouse in the mortgaged premises under chapter 3 of this title, provided the amendment is challenged by such spouse before his or her homestead interest is otherwise extinguished.(d) Notwithstanding anything to the contrary in this section, a spouse or civil union partner may convey his or her respective homestead interest to the other spouse or civil union partner prior to the time the homestead right vests, thereby divesting the grantor of any homestead interest in the property. A conveyance of homestead property between spouses or civil union partners shall be deemed to include a conveyance of any homestead interest. This section shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2008. (Amended 1999, No. 153 (Adj. Sess.), § 31, eff. May 24, 2000; 2007, No. 177 (Adj. Sess.), § 1.)
27 V.S.A. § 142
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 142. Homesteader under guardianship

§ 142. Homesteader under guardianship|When the guardian of a married person is licensed to sell the real estate of his or her ward, the wife or husband of the ward may join with the guardian in the conveyance and release his or her right of homestead in the granted premises, as she or he might have done by a conveyance thereof made jointly with the husband or wife if he or she had not been under disability.
27 V.S.A. § 143
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 143. Spouse with a mental condition or psychiatric disability

§ 143. Spouse with a mental condition or psychiatric disability|(a) When the spouse of an owner of a homestead lacks capacity to protect his or her interests due to a mental condition or psychiatric disability and the owner desires to convey it or an interest therein, he or she may petition the Probate Division of the Superior Court in the district in which the homestead is situated for a license to convey the same. Upon not less than 14 days' notice of the petition to the kindred of the spouse who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability residing in the State, and to the selectboard members of the town in which the homestead is situated, which notice may be personal or by publication, the court may hear and determine the petition and may license the owner or convey the homestead, or an interest therein, by his or her sole deed. The license shall be recorded in the office where a deed of the homestead is required to be recorded and the sole deed shall have the same effect as if the spouse has the capacity to protect his or her interests and had joined therein.(b) On granting such license, the court may make such special order as to the investment or disposition of the funds as the nature of the case requires.(c) On the hearing of such petition for license, any of such kindred or the selectboard may appear and be heard in the premises and may appeal as provided for other appeals from decrees of the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 184(a); 2017, No. 11, § 54.)
27 V.S.A. § 144
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 144. Effect when spouse joins in conveyance

§ 144. Effect when spouse joins in conveyance|The joining by a wife or husband in such conveyance shall have no effect upon her or his right to a third in value of the real estate of which the husband or wife died seised.
27 V.S.A. § 145
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 145. Effect of spouse joining in mortgage

§ 145. Effect of spouse joining in mortgage|If the homestead or lands included therein are mortgaged by the joint deed of husband and wife, the joining of the wife or husband in the mortgage shall have no other effect than to bar her or his claim to the homestead as against the mortgage. If the mortgage includes lands other than the homestead, and the owner thereof dies, the other lands shall be first sold by the executor or administrator and applied on the mortgage and the residue only shall rest on the homestead. When the Probate Division of the Superior Court orders the whole to be sold, the balance of the proceeds after the payment of the mortgage not exceeding $125,000.00 shall be under the control of the court as in case of the sale of a homestead under this chapter. (Amended 1967, No. 287 (Adj. Sess.), § 3; 1995, No. 186 (Adj. Sess.), § 24c, eff. Jan. 1, 1997; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 194 (Adj. Sess.), § 9, eff. June 17, 2014.)
27 V.S.A. § 181
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 181. Appraisal and severance of homestead

§ 181. Appraisal and severance of homestead|When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding to sever or set out a homestead from other real estate, the court in which such proceedings are pending may appoint three commissioners to appraise and set out such homestead who, after being sworn, shall appraise and set out such homestead as provided for setting out homesteads in case of the levy of execution, and make report of their doings to such court. Such report shall be confirmed by the court unless cause is shown to the contrary, and a record thereof shall be made in the office where a deed of such homestead is required to be recorded, which shall operate as a severance of the homestead from the other real estate.
27 V.S.A. § 182
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 182. Application to Superior Court for relief

§ 182. Application to Superior Court for relief|When a dwelling house, outbuildings, and lands in which a homestead right exists exceed in value $125,000.00 and a severance of the homestead would greatly depreciate the value of the residue of the premises or be of great inconvenience to the parties interested either in the residue or in the homestead, either party may apply for relief to the Superior Court by a complaint setting forth the facts. (Amended 1967, No. 287 (Adj. Sess.), § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1995, No. 186 (Adj. Sess.), § 24d, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 10, eff. June 17, 2014.)
27 V.S.A. § 183
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 183. Transfer or sale in lieu of severance

§ 183. Transfer or sale in lieu of severance|When it appears upon hearing that such homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in such residue, the court may order such homestead to be transferred to such other parties and the payment of $125,000.00 to the owner thereof, or, at the option of the owner, the court may order the parties to transfer such residue to him or her and order him or her thereupon to pay such other parties the value thereof to be fixed by the court. If the case requires, the court may order a sale of the whole premises and apportion the proceeds between the parties, and the court may make such orders in the premises as are equitable. If such homestead is sold, the court may control the investment of the proceeds of the sale in a new homestead or make such disposition thereof as equity requires. (Amended 1967, No. 287 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24e, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 11, eff. June 17, 2014.)
27 V.S.A. § 184
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 184. Beneficial sale without severance

§ 184. Beneficial sale without severance|When it appears to the probate division of the superior court that it would be beneficial to the widow or surviving husband of a deceased person, interested in the homestead, or when it appears that the severance of such homestead would greatly depreciate the value of the residue of the premises or would be of great inconvenience to the parties interested in such residue or in such homestead, on application of such widow or surviving husband or parties interested, the court may order the same to be sold as in case of the sale of real estate for the payment of debts. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
27 V.S.A. § 185
2021 Vermont Statutes|Title 27 - Property|Chapter 3 - Estates of Homestead|§ 185. Control of proceeds of sale

§ 185. Control of proceeds of sale|When a homestead is sold by the guardian of the husband or wife and the wife or husband joins in such conveyance, releasing her or his right of homestead or when it is sold under provisions of section 184 of this title, the probate division of the superior court may control the investment of the proceeds of such sale in a new homestead or may direct the payment thereof to a trustee appointed by such court or to the wife or husband, as the case may be, under such regulations and restrictions as in the judgment of the court will be for the best interest of all concerned. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
27 V.S.A. § 301
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 301. Manner of conveying

§ 301. Manner of conveying|Conveyance of land or of an estate or interest therein may be made by deed executed by a person having authority to convey the same, or by his or her attorney, and acknowledged and recorded as provided in this chapter.
27 V.S.A. § 302
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 302. Effect of oral conveyance

§ 302. Effect of oral conveyance|Estates or interests in lands, created or conveyed without an instrument in writing shall have the effect of estates at will only. An estate or interest in lands shall not be assigned, granted, or surrendered unless by operation of law or by a writing signed by the grantor or his or her attorney.
27 V.S.A. § 303
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 303. Trusts concerning realty

§ 303. Trusts concerning realty|A trust concerning lands, excepting such as may arise or result by implication of law, shall not be created or declared, unless by an instrument in writing signed by the party creating or declaring the same, or by his or her attorney.
27 V.S.A. § 304
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 304. Assignment of lease to be by deed

§ 304. Assignment of lease to be by deed|The assignment of a lease of lands, if the lease is for a longer term than one year, shall be by deed, signed, sealed, witnessed, acknowledged, and recorded as provided for deeds in this chapter. An assignment otherwise executed shall be void as against all persons but the assignor, his or her heirs, or his or her devisees.
27 V.S.A. § 305
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 305. Conveyances effected through power of attorney

§ 305. Conveyances effected through power of attorney|(a) A deed or other conveyance of lands or of an estate or interest therein, made by virtue of a power of attorney, shall not be of any effect or admissible in evidence, unless such power of attorney is signed, witnessed by one or more witnesses, acknowledged, and recorded in the office where such deed is required to be recorded.(b) Nothing in subsection (a) of this section shall limit the enforceability of a power of attorney which is executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. This subsection shall apply retroactively, except that it shall not affect a suit begun or pending as of July 1, 2010. (Amended 1973, No. 211 (Adj. Sess.); 1995, No. 6, § 1, eff. March 15, 1995; 2009, No. 132 (Adj. Sess.), § 6, eff. May 29, 2010.)
27 V.S.A. § 306
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 306. Evidence

§ 306. Evidence|When a deed is made by virtue of a power of attorney thus executed and recorded, a certified copy of the record of such power of attorney may be read in evidence when the original cannot be produced.
27 V.S.A. § 307
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 307. Vendor's liens

§ 307. Vendor's liens|The vendor of real estate shall not have a lien thereon for unpaid purchase money, except such lien as is created and evidenced by deed executed, acknowledged and recorded as deeds of conveyance of real estate.
27 V.S.A. § 308
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 308. Mines and quarries

§ 308. Mines and quarries|The grantee of a mine, quarry, or of the right of mining and quarrying, in severance from the ownership of the soil, within 30 days after its execution, shall cause his or her deed, lease, or other instrument to be recorded in a book kept for that purpose in the office where by law a deed of the real estate is required to be recorded. A grantee failing to comply with the foregoing provision shall forfeit to the town, or in case such a mine, quarry, or right of mining or quarrying is situated in an unorganized town or gore, to the county, $50.00, to be recovered in an action on this statute.
27 V.S.A. § 309
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 309. Proration of taxes

§ 309. Proration of taxes|(a) Unless otherwise expressly stated or agreed, in any offer or contract for the purchase and sale of real property, real property taxes assessed and payable shall be prorated as follows so that as between the parties, but not otherwise:  (1) In municipalities where the municipal tax and the school tax fiscal periods are July 1 to June 30, the seller shall bear the burden of real estate taxes allocable to the period beginning July 1 of that fiscal year and ending on the day before closing. The buyer shall bear the burden of real estate taxes allocable to the period beginning with the day of closing and ending on June 30. (2) In municipalities where the municipal tax fiscal period is other than July 1 to June 30, the seller shall bear the burden of real estate taxes allocable to municipal taxes for the period beginning on the first day of the municipality's fiscal year and ending on the day before closing. The seller shall also bear the burden for real estate taxes allocable to school taxes for the period beginning July 1 of that fiscal year and ending on the day before closing. The buyer shall bear the burden of real estate taxes allocable to both school and municipal taxes for the period beginning with the day of closing and ending with the last day of the respective fiscal year.   (b) This section shall not abridge or affect any other provision of 32 V.S.A. part 2 relating to assessment of property taxes. (Added 1971, No. 80, § 1, eff. April 16, 1971; amended 2001, No. 90 (Adj. Sess.), § 1, eff. May 1, 2002; 2003, No. 150 (Adj. Sess.), § 2.)
27 V.S.A. § 342
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 342. Acknowledgment and recording required

§ 342. Acknowledgment and recording required|A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded. (Amended 2017, No. 160 (Adj. Sess.), § 3, eff. July 1, 2019.)
27 V.S.A. § 343
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 343. Conveyance of wife's real estate

§ 343. Conveyance of wife's real estate|A husband and wife, by their joint deed, may convey the real estate of the wife as she might do by her separate deed if unmarried.
27 V.S.A. § 344
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 344. Conveyances of joint interests when husband under disability

§ 344. Conveyances of joint interests when husband under disability|The wife of a man under guardianship may join with the guardian in making partition of her real estate held in joint tenancy or in common and, with the guardian, may jointly make a release or other conveyance for that purpose, as she might have done with her husband if he had not been under legal disability.
27 V.S.A. § 345
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 345. Conveyances of wife's realty in which disabled husband has an interest

§ 345. Conveyances of wife's realty in which disabled husband has an interest|When the guardian of a married man is licensed to sell the interests of the ward in any real estate of his wife, the wife may join with the guardian in the conveyance and convey her estate and interest in the granted premises as she might have done with her husband if he had not been under legal disability, but this section shall not authorize the conveyance of the ward's estate of homestead.
27 V.S.A. § 346
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 346. Conveyances by corporation

§ 346. Conveyances by corporation|A public or private corporation authorized to hold real estate may convey the same by an agent appointed by vote for that purpose.
27 V.S.A. § 347
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 347. Validity of deeds executed under prior law

§ 347. Validity of deeds executed under prior law|Deeds of bargain and sale, mortgages or other conveyances of real estate, heretofore made and executed according to former laws and usages in this state, shall be valid and effectual.
27 V.S.A. § 349
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 349. Conveyance to grantor and others

§ 349. Conveyance to grantor and others|(a) Without an intervening conveyance a person may convey interests in real estate directly:  (1) to himself or herself in a different legal capacity; or (2) to his or her spouse; or (3) to himself or herself and one or more other persons, including his or her spouse. A person shall not convey an interest in a tenancy by the entirety or in homestead property to any person except his or her spouse, unless the spouse joins in the conveyance.   (b) A conveyance made pursuant to this section shall be effective to convey such title as would be conveyed by the deed if the grantor were not also a grantee. (Added 1977, No. 134 (Adj. Sess.); amended 1979, No. 160 (Adj. Sess.), § 1, eff. April 26, 1980.)
27 V.S.A. § 350
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 350. Change in name or status of owner of real estate

§ 350. Change in name or status of owner of real estate|Any person or corporation owning real estate or having an interest in real estate whose name has been changed, and any corporation which has been merged into or consolidated with another, may file with the town clerk of the town in which the real estate is located a certificate giving the names before and after the change, merger or consolidation, and the town clerk shall record and index the certificate in the land records. (Added 1993, No. 174 (Adj. Sess.), § 3.)