North Dakota Code § 28-01-21

Limitations on actions founded on right of homestead
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No action, defense, or counterclaim founded upon a right of homestead in property 
conveyed or encumbered, otherwise than as provided by the law in force at the time of the 
execution of such conveyance or encumbrance, and for which no declaration of homestead has 
been filed previous to the execution of such conveyance or encumbrance, is effectual or 
maintainable, unless such action is commenced, or such defense or counterclaim interposed, 
within two years after the execution of such conveyance or encumbrance. Such limitation does 
not apply if the homestead claimant, at the time of the execution of such conveyance or 
encumbrance, was in the actual possession of the property claimed and had not quit such 
possession previous to the commencement of such action, or the interposing of such defense or 
counterclaim.

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