(a) There shall
be exempt from forced sale under process of any court, and no judgment,
decree or execution shall be a lien thereon, except for the payment
of taxes and assessments thereon, obligations contracted for the purchase,
improvement or repair thereof, or obligations contracted for house,
field or other labor performed on the realty, the following property
owned by a natural person:
(1) a homestead,
if located outside a municipality, to the extent of one hundred
sixty acres of contiguous land and improvements thereon, which shall
not be reduced without the owner's consent by reason of subsequent
inclusion in a municipality; or if located within a municipality,
to the extent of one-half acre of contiguous land, upon which the
exemption shall be limited to the residence of the owner or his
family;
(2) personal property to the value of one thousand dollars.
(b) These exemptions
shall inure to the surviving spouse or heirs of the owner.
(c) The homestead shall not be subject to devise if the owner is survived
by spouse or minor child, except the homestead may be devised to the
owner's spouse if there be no minor child. The owner of homestead
real estate, joined by the spouse if married, may alienate the homestead
by mortgage, sale or gift and, if married, may by deed transfer the
title to an estate by the entirety with the spouse. If the owner or
spouse is incompetent, the method of alienation or encumbrance shall
be as provided by law.
