State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter20

CHAPTER 20 - PROPERTY EXEMPT FROM EXECUTION OR ATTACHMENT

 

1-20-101. Homestead exemption; right and amount.

 

Everyresident of the state is entitled to a homestead not exceeding ten thousanddollars ($10,000.00) in value, exempt from execution and attachment arisingfrom any debt, contract or civil obligation entered into or incurred.

 

1-20-102. Homestead exemption; when operative.

 

(a) The homestead is only exempt as provided in W.S. 1-20-101while occupied as such by the owner or the person entitled thereto, or his orher family.

 

(b) When two (2) or more persons jointly own and occupy thesame residence, each shall be entitled to the homestead exemption.

 

1-20-103. Homestead exemption; right of family survivors.

 

Whenany person dies seized of a homestead leaving as survivor a widow, husband orminor children, the survivor is entitled to the homestead. If there is no suchsurvivor, the homestead is liable for the debts of the deceased.

 

1-20-104. Homestead exemption; composition.

 

Thehomestead may consist of a house and lot or lots in any town or city, or a farmconsisting of any number of acres, or a house trailer or other movable home,whether or not equipped with wheels or resting upon immovable support, thevalue of which does not exceed six thousand dollars ($6,000.00).

 

1-20-105. Wearing apparel.

 

Thenecessary wearing apparel of every person not exceeding one thousand dollars($1,000.00) in value, determined in the manner provided in W.S. 1-20-106 isexempt from levy or sale upon execution, writ of attachment or any processissuing out of any court in this state. Necessary wearing apparel shall notinclude jewelry of any type other than wedding rings.

 

1-20-106. Exemption of other personal property; personalty used inlivelihood; appraisement.

 

(a) The following property, when owned by any person, is exemptfrom levy or sale upon execution, writ of attachment or any process issuing outof any court in this state and shall continue to be exempt while the person orthe family of the person is moving from one (1) place of residence to anotherin this state:

 

(i) The family bible, pictures and school books;

 

(ii) A lot in any cemetery or burial ground;

 

(iii) Furniture, bedding, provisions and other household articlesof any kind or character as the debtor may select, not exceeding in all thevalue of two thousand dollars ($2,000.00). When two (2) or more persons occupythe same residence, each shall be entitled to a separate exemption;

 

(iv) A motor vehicle not exceeding in value two thousand fourhundred dollars ($2,400.00).

 

(b) The tools, team, implements or stock in trade of anyperson, used and kept for the purpose of carrying on his trade or business, notexceeding in value two thousand dollars ($2,000.00), or the library,instruments and implements of any professional person, not exceeding in valuetwo thousand dollars ($2,000.00), are exempt from levy or sale upon execution,writ of attachment or any process out of any court in this state.

 

(c) The value of the property selected by any debtor shall beascertained by the appraisement of three (3) disinterested appraisers, to beselected and summoned by the officer claiming to levy upon, attach or sell theproperty. The appraisers shall be sworn by the officer to make a trueappraisement of the value of the property.

 

1-20-107. Exemptions when head of family dies.

 

Wheneverthe head of a family dies, deserts, or ceases to reside with the family, thefamily is entitled to all the benefits and privileges conferred upon the headof a family residing with the same, and the family, or any member thereof, mayselect the property claimed as exempt. Where the exempt property is the soleand separate property of the wife, it is, to the same extent and for allpurposes, exempt for the debts of the wife.

 

1-20-108. Exception; residency required.

 

(a) No property claimed as exempt under W.S. 1-20-101 through1-20-106 is exempt from attachment or sale upon execution for the purchasemoney of the property.

 

(b) Any person claiming these exemptions shall be a bona fideresident of this state.

 

1-20-109. Exemptions from estates in bankruptcy.

 

Inaccordance with 11 U.S.C. 522(b)(1), the exemptions from property of theestate in bankruptcy provided in 11 U.S.C. 522(d) are not authorized in caseswhere Wyoming law is applicable on the date of the filing of the petition andthe debtor's domicile has been located in Wyoming for the one hundred eighty(180) days immediately preceding the date of the filing of the petition or fora longer portion of the one hundred eighty (180) day period than in any otherplace.

 

1-20-110. Exemption for retirement funds and accounts.

 

(a) The following are exempt from execution, attachment,garnishment or any other process issued by any court:

 

(i) Any person's interest in a retirement plan, pension orannuity, whether by way of a gratuity or otherwise, granted, paid or payable:

 

(A) By any private corporation or employer to an employee or aretired employee under a plan or contract which provides that the pension orannuity shall not be assignable; or

 

(B) To any city, town or county employee or retired employeewho is not covered by the state retirement system, under a plan or contractwhich provides that the pension or annuity shall not be assignable.

 

(ii) Any retirement or annuity fund of any person, to the extentof payments made to the fund while solvent, but not exceeding the amountactually excluded or deducted as retirement funding for federal income taxpurposes, and the appreciation thereon, the income therefrom and the benefitsor annuity payable thereunder;

 

(iii) Any retirement or annuity fund of any person, to the extentpayments are made to the fund while solvent, provided the earnings on the fundare protected from federal income tax or subject to deferral of federal incometax, or are not subject to federal income tax upon withdrawal, and theappreciation thereon, the income therefrom and the benefits or annuity payablethereunder; and

 

(iv) All property in this state of thejudgment debtor where the judgment is in favor of any state or any politicalsubdivision of any state for failure to pay that state's or politicalsubdivision's income tax on benefits received from a pension or otherretirement plan. This paragraph shall apply only to judgments obtained afterthe judgment debtor has established residency in Wyoming and has been domiciledin Wyoming for at least one hundred eighty (180) days.

 

1-20-111. Exemption for contributions to a medical savings account.

 

Contributions by an individual to a qualified medicalsavings account are exempt from execution, attachment, garnishment or any otherprocess issued by any court, except for judgments against an individual orother dependents for medical expenses, to the extent the contributions areallowable as a deduction under the Internal Revenue Code of 1986.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter20

CHAPTER 20 - PROPERTY EXEMPT FROM EXECUTION OR ATTACHMENT

 

1-20-101. Homestead exemption; right and amount.

 

Everyresident of the state is entitled to a homestead not exceeding ten thousanddollars ($10,000.00) in value, exempt from execution and attachment arisingfrom any debt, contract or civil obligation entered into or incurred.

 

1-20-102. Homestead exemption; when operative.

 

(a) The homestead is only exempt as provided in W.S. 1-20-101while occupied as such by the owner or the person entitled thereto, or his orher family.

 

(b) When two (2) or more persons jointly own and occupy thesame residence, each shall be entitled to the homestead exemption.

 

1-20-103. Homestead exemption; right of family survivors.

 

Whenany person dies seized of a homestead leaving as survivor a widow, husband orminor children, the survivor is entitled to the homestead. If there is no suchsurvivor, the homestead is liable for the debts of the deceased.

 

1-20-104. Homestead exemption; composition.

 

Thehomestead may consist of a house and lot or lots in any town or city, or a farmconsisting of any number of acres, or a house trailer or other movable home,whether or not equipped with wheels or resting upon immovable support, thevalue of which does not exceed six thousand dollars ($6,000.00).

 

1-20-105. Wearing apparel.

 

Thenecessary wearing apparel of every person not exceeding one thousand dollars($1,000.00) in value, determined in the manner provided in W.S. 1-20-106 isexempt from levy or sale upon execution, writ of attachment or any processissuing out of any court in this state. Necessary wearing apparel shall notinclude jewelry of any type other than wedding rings.

 

1-20-106. Exemption of other personal property; personalty used inlivelihood; appraisement.

 

(a) The following property, when owned by any person, is exemptfrom levy or sale upon execution, writ of attachment or any process issuing outof any court in this state and shall continue to be exempt while the person orthe family of the person is moving from one (1) place of residence to anotherin this state:

 

(i) The family bible, pictures and school books;

 

(ii) A lot in any cemetery or burial ground;

 

(iii) Furniture, bedding, provisions and other household articlesof any kind or character as the debtor may select, not exceeding in all thevalue of two thousand dollars ($2,000.00). When two (2) or more persons occupythe same residence, each shall be entitled to a separate exemption;

 

(iv) A motor vehicle not exceeding in value two thousand fourhundred dollars ($2,400.00).

 

(b) The tools, team, implements or stock in trade of anyperson, used and kept for the purpose of carrying on his trade or business, notexceeding in value two thousand dollars ($2,000.00), or the library,instruments and implements of any professional person, not exceeding in valuetwo thousand dollars ($2,000.00), are exempt from levy or sale upon execution,writ of attachment or any process out of any court in this state.

 

(c) The value of the property selected by any debtor shall beascertained by the appraisement of three (3) disinterested appraisers, to beselected and summoned by the officer claiming to levy upon, attach or sell theproperty. The appraisers shall be sworn by the officer to make a trueappraisement of the value of the property.

 

1-20-107. Exemptions when head of family dies.

 

Wheneverthe head of a family dies, deserts, or ceases to reside with the family, thefamily is entitled to all the benefits and privileges conferred upon the headof a family residing with the same, and the family, or any member thereof, mayselect the property claimed as exempt. Where the exempt property is the soleand separate property of the wife, it is, to the same extent and for allpurposes, exempt for the debts of the wife.

 

1-20-108. Exception; residency required.

 

(a) No property claimed as exempt under W.S. 1-20-101 through1-20-106 is exempt from attachment or sale upon execution for the purchasemoney of the property.

 

(b) Any person claiming these exemptions shall be a bona fideresident of this state.

 

1-20-109. Exemptions from estates in bankruptcy.

 

Inaccordance with 11 U.S.C. 522(b)(1), the exemptions from property of theestate in bankruptcy provided in 11 U.S.C. 522(d) are not authorized in caseswhere Wyoming law is applicable on the date of the filing of the petition andthe debtor's domicile has been located in Wyoming for the one hundred eighty(180) days immediately preceding the date of the filing of the petition or fora longer portion of the one hundred eighty (180) day period than in any otherplace.

 

1-20-110. Exemption for retirement funds and accounts.

 

(a) The following are exempt from execution, attachment,garnishment or any other process issued by any court:

 

(i) Any person's interest in a retirement plan, pension orannuity, whether by way of a gratuity or otherwise, granted, paid or payable:

 

(A) By any private corporation or employer to an employee or aretired employee under a plan or contract which provides that the pension orannuity shall not be assignable; or

 

(B) To any city, town or county employee or retired employeewho is not covered by the state retirement system, under a plan or contractwhich provides that the pension or annuity shall not be assignable.

 

(ii) Any retirement or annuity fund of any person, to the extentof payments made to the fund while solvent, but not exceeding the amountactually excluded or deducted as retirement funding for federal income taxpurposes, and the appreciation thereon, the income therefrom and the benefitsor annuity payable thereunder;

 

(iii) Any retirement or annuity fund of any person, to the extentpayments are made to the fund while solvent, provided the earnings on the fundare protected from federal income tax or subject to deferral of federal incometax, or are not subject to federal income tax upon withdrawal, and theappreciation thereon, the income therefrom and the benefits or annuity payablethereunder; and

 

(iv) All property in this state of thejudgment debtor where the judgment is in favor of any state or any politicalsubdivision of any state for failure to pay that state's or politicalsubdivision's income tax on benefits received from a pension or otherretirement plan. This paragraph shall apply only to judgments obtained afterthe judgment debtor has established residency in Wyoming and has been domiciledin Wyoming for at least one hundred eighty (180) days.

 

1-20-111. Exemption for contributions to a medical savings account.

 

Contributions by an individual to a qualified medicalsavings account are exempt from execution, attachment, garnishment or any otherprocess issued by any court, except for judgments against an individual orother dependents for medical expenses, to the extent the contributions areallowable as a deduction under the Internal Revenue Code of 1986.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter20

CHAPTER 20 - PROPERTY EXEMPT FROM EXECUTION OR ATTACHMENT

 

1-20-101. Homestead exemption; right and amount.

 

Everyresident of the state is entitled to a homestead not exceeding ten thousanddollars ($10,000.00) in value, exempt from execution and attachment arisingfrom any debt, contract or civil obligation entered into or incurred.

 

1-20-102. Homestead exemption; when operative.

 

(a) The homestead is only exempt as provided in W.S. 1-20-101while occupied as such by the owner or the person entitled thereto, or his orher family.

 

(b) When two (2) or more persons jointly own and occupy thesame residence, each shall be entitled to the homestead exemption.

 

1-20-103. Homestead exemption; right of family survivors.

 

Whenany person dies seized of a homestead leaving as survivor a widow, husband orminor children, the survivor is entitled to the homestead. If there is no suchsurvivor, the homestead is liable for the debts of the deceased.

 

1-20-104. Homestead exemption; composition.

 

Thehomestead may consist of a house and lot or lots in any town or city, or a farmconsisting of any number of acres, or a house trailer or other movable home,whether or not equipped with wheels or resting upon immovable support, thevalue of which does not exceed six thousand dollars ($6,000.00).

 

1-20-105. Wearing apparel.

 

Thenecessary wearing apparel of every person not exceeding one thousand dollars($1,000.00) in value, determined in the manner provided in W.S. 1-20-106 isexempt from levy or sale upon execution, writ of attachment or any processissuing out of any court in this state. Necessary wearing apparel shall notinclude jewelry of any type other than wedding rings.

 

1-20-106. Exemption of other personal property; personalty used inlivelihood; appraisement.

 

(a) The following property, when owned by any person, is exemptfrom levy or sale upon execution, writ of attachment or any process issuing outof any court in this state and shall continue to be exempt while the person orthe family of the person is moving from one (1) place of residence to anotherin this state:

 

(i) The family bible, pictures and school books;

 

(ii) A lot in any cemetery or burial ground;

 

(iii) Furniture, bedding, provisions and other household articlesof any kind or character as the debtor may select, not exceeding in all thevalue of two thousand dollars ($2,000.00). When two (2) or more persons occupythe same residence, each shall be entitled to a separate exemption;

 

(iv) A motor vehicle not exceeding in value two thousand fourhundred dollars ($2,400.00).

 

(b) The tools, team, implements or stock in trade of anyperson, used and kept for the purpose of carrying on his trade or business, notexceeding in value two thousand dollars ($2,000.00), or the library,instruments and implements of any professional person, not exceeding in valuetwo thousand dollars ($2,000.00), are exempt from levy or sale upon execution,writ of attachment or any process out of any court in this state.

 

(c) The value of the property selected by any debtor shall beascertained by the appraisement of three (3) disinterested appraisers, to beselected and summoned by the officer claiming to levy upon, attach or sell theproperty. The appraisers shall be sworn by the officer to make a trueappraisement of the value of the property.

 

1-20-107. Exemptions when head of family dies.

 

Wheneverthe head of a family dies, deserts, or ceases to reside with the family, thefamily is entitled to all the benefits and privileges conferred upon the headof a family residing with the same, and the family, or any member thereof, mayselect the property claimed as exempt. Where the exempt property is the soleand separate property of the wife, it is, to the same extent and for allpurposes, exempt for the debts of the wife.

 

1-20-108. Exception; residency required.

 

(a) No property claimed as exempt under W.S. 1-20-101 through1-20-106 is exempt from attachment or sale upon execution for the purchasemoney of the property.

 

(b) Any person claiming these exemptions shall be a bona fideresident of this state.

 

1-20-109. Exemptions from estates in bankruptcy.

 

Inaccordance with 11 U.S.C. 522(b)(1), the exemptions from property of theestate in bankruptcy provided in 11 U.S.C. 522(d) are not authorized in caseswhere Wyoming law is applicable on the date of the filing of the petition andthe debtor's domicile has been located in Wyoming for the one hundred eighty(180) days immediately preceding the date of the filing of the petition or fora longer portion of the one hundred eighty (180) day period than in any otherplace.

 

1-20-110. Exemption for retirement funds and accounts.

 

(a) The following are exempt from execution, attachment,garnishment or any other process issued by any court:

 

(i) Any person's interest in a retirement plan, pension orannuity, whether by way of a gratuity or otherwise, granted, paid or payable:

 

(A) By any private corporation or employer to an employee or aretired employee under a plan or contract which provides that the pension orannuity shall not be assignable; or

 

(B) To any city, town or county employee or retired employeewho is not covered by the state retirement system, under a plan or contractwhich provides that the pension or annuity shall not be assignable.

 

(ii) Any retirement or annuity fund of any person, to the extentof payments made to the fund while solvent, but not exceeding the amountactually excluded or deducted as retirement funding for federal income taxpurposes, and the appreciation thereon, the income therefrom and the benefitsor annuity payable thereunder;

 

(iii) Any retirement or annuity fund of any person, to the extentpayments are made to the fund while solvent, provided the earnings on the fundare protected from federal income tax or subject to deferral of federal incometax, or are not subject to federal income tax upon withdrawal, and theappreciation thereon, the income therefrom and the benefits or annuity payablethereunder; and

 

(iv) All property in this state of thejudgment debtor where the judgment is in favor of any state or any politicalsubdivision of any state for failure to pay that state's or politicalsubdivision's income tax on benefits received from a pension or otherretirement plan. This paragraph shall apply only to judgments obtained afterthe judgment debtor has established residency in Wyoming and has been domiciledin Wyoming for at least one hundred eighty (180) days.

 

1-20-111. Exemption for contributions to a medical savings account.

 

Contributions by an individual to a qualified medicalsavings account are exempt from execution, attachment, garnishment or any otherprocess issued by any court, except for judgments against an individual orother dependents for medical expenses, to the extent the contributions areallowable as a deduction under the Internal Revenue Code of 1986.

 

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