Rule Text
Except as provided in K.S.A. 12-524a , and amendments thereto, a homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, occupied as a residence by the owner or by the family of the owner, or by both the owner and family thereof, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of such premises, or for the erection of improvements thereon. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife, when that relation exists.
Amendment history: L. 1963, ch. 303, 60-2301; L. 1979, ch. 178, § 2; L. 1980, ch. 176, § 2; L. 1991, ch. 33, § 35; L. 2011, ch. 101, § 11; June 2.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Kansas law protects your home from being taken away to pay most debts. This is called a "homestead exemption." It covers up to 160 acres if you live on farmland, or up to one acre if your home is inside a city or town limits. It also covers manufactured homes and mobile homes that you live in as your residence.
This protection means creditors generally cannot force the sale of your home to collect on debts you owe. If you are married, your spouse must agree before you can sell or give away the home. Neither spouse can do this alone.
There are some important exceptions. Your home can still be sold if you owe property taxes on it. It can also be sold if you fail to pay for the loan you used to buy the home, or for a loan you took out to make improvements on it. And if both spouses agreed to put the home up as collateral for a loan, the homestead protection does not stop that lender from forcing a sale either.
The main point of this rule is to keep a roof over your family's head even when you run into financial trouble. But it does not let you avoid paying property taxes or the mortgage on the home itself.
