Vermont Statutes Title 27 Sec. 183
Terms Used In Vermont Statutes Title 27 Sec. 183
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
§ 183. Transfer or sale in lieu of severance
When it appears upon hearing that the homestead cannot be occupied in severalty without great inconvenience to the parties interested therein or in the residue, the court may order the homestead to be transferred to such other parties and the payment of $125,000.00 to the owner thereof, or, at the option of the owner, the court may order the parties to transfer the residue to the owner and order the owner to pay such other parties the value of the homestead to be fixed by the court. If the case requires, the court may order a sale of the whole premises and apportion the proceeds between the parties, and the court may make such orders in the premises as are equitable. If the homestead is sold, the court may control the investment of the proceeds of the sale in a new homestead or make such disposition of the proceeds as equity requires. (Amended 1967, No. 287 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24e, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 11, eff. June 17, 2014; 2023, No. 6, § 319, eff. July 1, 2023.)