Vermont § 106 - Forfeiture and sale

Full text of Vermont Vermont Statutes Online § 106 — Forfeiture and sale, with citation guidance and answers to common questions.

§ 106. Forfeiture and sale

  • (a) When there are minor children living, an executor or administrator may make application
    to the Probate Division of the Superior Court to sell such homestead, such application
    stating the facts on which it is based, where: (1) the widow or surviving husband was not living with the deceased husband or wife at
    the time of the death of the other and had not resided at the homestead for two years
    immediately prior to such death through the fault of such widow or surviving husband;
    or (2) such widow or surviving husband has left the homestead and his or her residence cannot
    be ascertained after diligent inquiry by the executor or administrator of the deceased
    spouse. (b) After personal notice where possible or after order of publication thereon complied
    with, the Probate Division of the Superior Court may grant a license to the executor
    or administrator to sell the homestead if upon hearing it finds that such widow or
    surviving husband resided away from the homestead through his or her own fault or
    with the intention to abandon the minor children of the deceased. If the Probate
    Division of the Superior Court shall embody in such license a clause to such effect,
    such widow or surviving husband shall lose all right in and to such homestead. The
    net proceeds of such sale shall be assigned by the Probate Division of the Superior
    Court to such minor children for their use and benefit. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)

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

Frequently Asked Questions About Vermont § 106

What does Vermont Statutes Online § 106 cover?

Section 106 ("Forfeiture and sale") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 106?

A common citation format is "Vermont Statutes Online § 106" (Vermont). 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 Vermont law?

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

How does Vermont § 106 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.