33-1103. Effective date of homestead
exemption; extent of exemption; exceptions


A. The homestead provided for in section 33-1101, subsection A is exempt from
process and from sale under a judgment or lien, except:


1. A consensual lien, including a mortgage or deed of trust, or contract of
conveyance.


2. A lien for labor or materials claimed pursuant to section 33-981.


3. A lien for child support arrearages or spousal maintenance arrearages. An award
of court ordered support is not a lien for the purposes of this paragraph unless one of
the following applies:


(a) An arrearage has been reduced to judgment.


(b) A lien exists pursuant to section 25-516.


(c) The court orders a specific security interest of the property for support.


4. To the extent that a judgment or other lien may be satisfied from the equity of
the debtor exceeding the homestead exemption under section 33-1101.


B. A sale as described in subsection A of this section and not excepted by
subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an
interest in the homestead, whether made under a judgment existing before or after the
homestead is established.


C. In a contempt proceeding brought to enforce payment of any form of child support
or spousal maintenance, the court may consider the portion of property claimed as exempt
pursuant to section 33-1101, subsection A, as a resource from which an obligor has the
ability to pay.