Bankruptcy and Your Home: Homestead Acts

 

What property is “exempt” and what property is “non-exempt” depends on the laws of the state you live in. Each state has its distinctive laws about what assets are exempt and non-exempt for bankruptcy purposes. Therefore, before you file bankruptcy, you must consult with your bankruptcy attorney and figure out which state laws will determine your exempt assets.

Note:
  1. Under the new bankruptcy law, the state exemption law applicable to your bankruptcy is determined by the state in which you have been residing in for the 730 days (two years) immediately preceding your filing date. If you have not been a permanent resident of the state that you are currently living in for the two-year period immediately preceding your bankruptcy, then your bankruptcy exemptions will be those allowed by the state in which you lived in for 180 days immediately preceding the two-year period, or the state in which you were a resident of for the longer portion of such 180-day period.
  2. Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions, unless otherwise noted.
  3. To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property.

Alabama


Homestead – Real property or a mobile home up to $5,000; property cannot exceed 160 acres (husband and wife may double). Must record homestead declaration before attempted sale of home.

Refer to Alabama Exemption for more information.

Alaska

Homestead – $54,000 in principal residence, whether single or multiple owners, but subject to certain liens; proceeds also exempt located in Alaska for 6 months.

Refer to Alaska Exemption for more information.

Arizona

Homestead – Real property: an apartment or mobile home you occupy to $100,000; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband and wife may not double). Must record homestead declaration before attempted sale of home.

Refer to Arizona Exemption or more information.

Arkansas

Homestead – Choose option 1 or 2, NOT BOTH

Option 1: Rural homestead – up to 160 acres not to exceed $2,500 value; and homestead is no less than 80 acres without regard to value (husband and wife may not double). Urban homestead – up to 1 acre not to exceed $2,500 value; and homestead is no less than ¼ acre without regard to value.

Option 2: Real or personal property used as residence, to $800 if single; $1,250 if married.

Refer to Arkansas Exemption for more information.

California

California has two different sets of exemptions.

System 1:
Homestead – Real or personal property you occupy including a mobile home, boat, stock cooperative, community apartment, planned development or condo to $50,000 if you are single and not disabled; $75,000 for families if no other member has a homestead (if only one spouse files, he/she may exempt one-half of the amount if the home is held as community property and all of the amount if the home is held as tenants in common); $125,000 if you are 65 or older, or physically or mentally disabled; $100,000 if you are 55 or older, single and earn under $15,000 or if you are married and earn under $20,000 and creditors seek to force the sale of your home; sale proceeds exempt for 6 months after received (husband and wife may not double).

System 2:
Homestead – Real or personal property, including co-op, used as residence to $17,425; unused portion of homestead may be applied to any property. Note: Married couples may not double any exemptions.

Refer to California Exemption for more information.

Colorado

Homestead – Real property, mobile home or manufactured home (mobile or manufactured home if loan incurred after January 1, 1983) you occupy to $30,000; sale proceeds exempt 1 year after received. Spouse or child of deceased owner may claim homestead exemption. House trailer or coach used as residence to $3,500. Mobile home used as residence to $6,000.

Refer to Colorado Exemption for more information.

Connecticut

Homestead – Real property, including mobile or manufactured home to $75,000.

Refer to Connecticut Exemption for more information.

Delaware

Homestead – NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Delaware Exemption for more information.

Florida

Homestead – Real or personal property including mobile or modular home to unlimited value; property cannot exceed ½ acre in municipality or 160 adjacent acres elsewhere; spouse or child or deceased owner may claim homestead exemption. May file homestead declaration. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Florida Exemption for more information.
Georgia

Homestead – Real or personal property, including co-op, used as residence to $5,000; unused portion of homestead may be applied to any property.

Refer to Georgia Exemption for more information.

Hawaii

Homestead – Head of family or over 65 to $30,000; all others to $20,000; property cannot exceed 1 acre. Sale proceeds exempt for 6 months after sale. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Hawaii Exemption For more information.

Idaho

Homestead – Real property or mobile home to $50,000 (does not double for joint debtors); sale proceeds exempt for 6 months. Must record homestead exemption for property that is not yet occupied.

Refer to Idaho Exemption for more information.

Illinois

Homestead – Real or personal property including a farm, lot and building, condo, co-op or mobile home to $7,500; sale proceeds exempt 1 year from sale. Homestead exemption after death or desertion of one spouse for benefit of remaining spouse and/or minor children - (Limit 7,500/7,500). Husband and wife may double.

Refer to Illinois Exemption for more information.

Indiana

Homestead – Real or personal property used as residence to $7,500 (homestead plus personal property – except health aids can’t exceed $10,000). Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse.

Refer to Indiana Exemption for more information.

Iowa

Homestead – Real property or an apartment to an unlimited value; property cannot exceed ½ acre in town or city, 40 acres elsewhere. May record homestead declaration.

Refer to Iowa Exemption for more information.

Kansas

Homestead – Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm.

Refer to Kansas Exemption for more information.

Kentucky

Homestead – Real or personal property used as residence to $5,000; sale proceeds exempt.

Refer to Kentucky Exemption for more information.

Louisiana

Homestead – Property you occupy to $15,000; cannot exceed 160 acres on 1 tract, or on 2 or more tracts if there’s a home on 1 tract and field, garden or pasture on others (husband and wife may not double). Spouse or child of deceased owner may claim homestead exemption; spouse given home in divorce gets homestead.

Refer to Louisiana Exemption for more information.
Maine

Homestead – Real or personal property (including cooperative) used as residence to $12,500, if debtor over age 60 or physically or mentally disabled, $60,000 (joint debtors may double).

Refer to Maine Exemption for more information.

Maryland

Homestead – NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Maryland Exemption for more information.

Massachusetts

Homestead – Property you occupy to $100,000; if over 65 or disabled, $200,000 (joint owners may not double). Must record homestead declaration before filing bankruptcy. Spouse or child of deceased owner may claim homestead exemption. Property held as tenancy be the entirety may be exempt against non-necessity debts.

Refer to Massachusetts Exemptions for more information.

Michigan

Homestead – Real property including condo to $3500; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere. Spouse or child of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Michigan Exemptions for more information.

Minnesota

Homestead – Real property, mobile home or manufactured home to $200,000 or, if the homestead is used primarily for agricultural purposes, $500,000; cannot exceed ½ acre in city or 160 acres elsewhere.

Refer to Minnesota Exemptions for more information.

Mississippi

Homestead – Property occupied by debtor unless over 60 and married or widowed, to $75,000; property cannot exceed 160 acres; sales proceeds exempt. May file homestead declaration.

Refer to Mississippi Exemptions for more information.

Missouri

Homestead – Real property to $8000 or mobile home to $1000 (joint owners may not double). Property held as tenancy for the entirety may be exempt against debts owed by only one spouse.

Refer to Missouri Exemptions for more information.

Montana

Homestead – 320 acres if farm, 1 acre outside municipality, ¼ acre in municipality $100,000/200,000. Must record homestead declaration before filing for bankruptcy.

Refer to Montana Exemptions for more information.

Nebraska

Homestead – $12,500; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale. May record homestead declaration.

Refer to Nebraska Exemptions for more information.

Nevada

Homestead – Real property or mobile home to $125,000 (husband and wife may not double). Must record homestead declaration before filing for bankruptcy.

Refer to Nevada Exemptions for more information.

New Hampshire

Homestead – Real property or manufactured housing (if you own the land it is on) to $50,000.

Refer to New Hampshire Exemptions for more information.

New Jersey

Homestead – NONE

Refer to New Jersey Exemptions for more information.

New Mexico

Homestead – Married, widowed or supporting another may claim real property to $30,000 (joint owners may double).

Refer to New Mexico Exemptions for more information.

New York

Homestead – Real property including co-op, condo or mobile home, to $10,000. Husband and wife may double.

Refer to New York Exemptions for more information.

North Carolina

Homestead – Real or personal property, including co-op, used as residence to $10,000; up to $3500 of unused homestead may be applied to any property. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to North Carolina Exemptions for more information.

North Dakota

Homestead – Real property, house trailer or mobile home to $80,000.

Refer to North Dakota Exemptions for more information.

Ohio

Homestead – Real or personal property used as residence to $5000. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Ohio Exemptions for more information.

Oklahoma

Homestead – Real property or manufactured home to unlimited value; property cannot ¼ acre, may claim $5000 on 1 acre in city, town or village, or 160 acres elsewhere (need not occupy homestead to claim it exempt as long as you don’t acquire another).

Refer to Oklahoma Exemptions for more information.

Oregon

Homestead – Real property, mobile home or houseboat you occupy to $25,000 ($33,000 for joint owners); if you don’t own land mobile home is on, to $23,000 ($30,000 for joint owners); property cannot exceed 1 block in town or city or 160 acres elsewhere; sale proceeds exempt 1 year from sale, if you intend to purchase another home.

Refer to Oregon Exemptions for more information.

Pennsylvania

Homestead – NONE, however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Pennsylvania Exemptions for more information.

Rhode Island

Homestead – NONE

Refer to Rhode Exemptions for more information.

South Carolina

Homestead – Real property, including co-op, to $5000 (joint owners may double).

Refer to South Carolina Exemptions for more information.

South Dakota

Homestead – Real property (or mobile home larger than 240 square feet at its base and registered in state at least 6 months before filing for bankruptcy) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 (unlimited if you’re over age 70 or an unmarried widow or widower) exempt for 1 year after sale (can’t exempt gold or silver mine, mill or smelter). Spouse or child of deceased owner may claim homestead exemption. May file homestead declaration.

Refer to South dakota Exemptions for more information.

Tennessee

Homestead – $5000; $7500 for joint owners. Spouse or child of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Tennessee Exemptions for more information.

Texas

Homestead – Unlimited; property cannot exceed 1 acre in town, village, city or 100 acres (200 acres for families) elsewhere; sale proceeds exempt for 6 months after sale (need not occupy if not acquire another home). May file homestead declaration.

Refer to Texas Exemptions for more information.

Utah

Homestead – Real property, mobile home or water rights to $10,000 (joint owners may double). Must file homestead declaration before attempted sale of home.

Refer to Utah Exemptions for more information.

Vermont

Homestead – Real property or mobile home to $75,000; may also claim rents, issues, profits & out-buildings. Spouse of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Vermont Exemptions for more information.

Virginia

Homestead – $5000 plus $500 per dependent; may also claim rents & profits; sale proceeds exempt to $5000 (husband and wife may double); unused portion of homestead may be applied to any personal property. May include mobile home. Must file homestead declaration before filing for bankruptcy. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Virginia Exemptions for more information.

Washington

Homestead – Real property or mobile home to $40,000 (no limit if seeking to discharge debt based on failure to pay a state income tax assessed on retirement benefits received while a resident of Washington). Must file homestead declaration before sale of home if property unimproved or home unoccupied.

Refer to Washington Exemptions for more information.

West Virginia

Homestead – Real or personal property used as residence to $25,000; unused portion of homestead may be applied to any property.

Refer to West Virginia Exemptions for more information.

Wisconsin

Homestead – Property you occupy or intend to occupy to $40,000; sale proceeds exempt for 2 years from sale if you plan to obtain another home (husband and wife may not double).

Refer to Wisconsin Exemptions for more information.

Wyoming

Homestead – Real property you occupy to $10,000 or house trailer you occupy to $6000 (joint owners may double). Spouse or child of deceased owner may claim homestead exemption. Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.

Refer to Wyoming Exemptions for more information.