Idaho § 55-1006 - Presumption of abandonment - Declaration of nonabandonment

Full text of Idaho Idaho Statutes § 55-1006 — Presumption of abandonment - Declaration of nonabandonment, with citation guidance and answers to common questions.

§ 55-1006. Presumption of abandonment - Declaration of nonabandonment

A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated. The declaration of nonabandonment of homestead must contain:

(1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;

(2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner’s absence, and the reason for the absence; and

(3) A legal description of the homestead property.

[55-1006, added 1989, ch. 371, sec. 2, p. 935.]

Source: official Idaho text · Last verified 2026-08-27

Frequently Asked Questions About Idaho § 55-1006

What does Idaho Statutes § 55-1006 cover?

Section 55-1006 ("Presumption of abandonment - Declaration of nonabandonment") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Idaho § 55-1006?

A common citation format is "Idaho Statutes § 55-1006" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 55-1006 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.