The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
CONVEYANCE OF HOMESTEAD
(Cite as: 27 V.S.A. § 145)
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§ 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.)