Bankruptcy Exemption Citations
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← Minnesota Homestead Exemptions

Exemption: Manufactured home to an unlimited value

Citation: Stat. - Minn. Stat. Ann. § 550.37 subd. 12

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Minn. Stat. Ann. § 550.37 subd. 12:
Chapter 550. Executions, Redemption, Exemptions

550.37. Property exempt

§ Subdivision 1.Exemption.


The property mentioned in this section is not liable to attachment, garnishment, or sale on any final process, issued from any court.

§ Subd. 2.Bible and musical instrument.


The family Bible, library, and musical instruments.

[See Note.]

§ Subd. 3.Pew and burial lot.


A seat or pew in any house or place of public worship and a lot in any burial ground.

§ Subd. 4.Personal goods.


(a) All wearing apparel, one watch, utensils, and foodstuffs of the debtor and the debtor's family.

(b) Household furniture, household appliances, phonographs, radio and television receivers of the debtor and the debtor's family, not exceeding $10,350 in value.

(c) The debtor's aggregate interest, not exceeding $2,817.50 in value, in wedding rings or other religious or culturally recognized symbols of marriage exchanged between the debtor and spouse at the time of the marriage and in the debtor's possession.

The exemption provided by this subdivision may not be waived except with regard to purchase money security interests. Except for a pawnbroker's possessory lien, a nonpurchase money security interest in the property exempt under this subdivision is void.

If a debtor has property of the type which would qualify for the exemption under clause (b), of a value in excess of $10,350 an itemized list of the exempt property, together with the value of each item listed, shall be attached to the security agreement at the time a security interest is taken, and a creditor may take a nonpurchase money security interest in the excess over $10,350 by requiring the debtor to select the exemption in writing at the time the loan is made.

§ Subd. 4a.Adjustment of dollar amounts.


(a) Except for subdivisions 5 and 7, the dollar amounts in this section shall change periodically as provided in this subdivision to the extent of changes in the implicit price deflator for the gross domestic product, 2005= 100, compiled by the United States Department of Commerce, and hereafter referred to as the index. The index for December 2011 is the reference base index.

(b) The designated dollar amounts shall change on July 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the index for December of the preceding year and the reference base index is ten percent or more. The portion of the percentage change in the index in excess of a multiple of ten percent shall be disregarded and the dollar amounts shall change only in multiples of ten percent of the amounts stated in this section.

(c) If the index is revised, the percentage of change pursuant to this section shall be calculated on the basis of the revised index. If a revision of the index changes the reference base index, a revised reference base index shall be determined by multiplying the reference base index then applicable by the rebasing factor furnished by the Department of Commerce. If the index is superseded, the index referred to in this section is the one represented by the Department of Commerce as reflecting most accurately changes in the purchasing power of the dollar for consumers.

(d) The commissioner of commerce shall:

(1) announce and publish on or before April 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by paragraph (b);

(2) announce and publish promptly after the changes occur, changes in the index required by paragraph (c) including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index; and

(3) promptly notify the revisor of statutes in writing of the changes announced and published by the commissioner pursuant to clauses (1) and (2). The revisor shall publish the changes in the next edition of Minnesota Statutes.

(e) A person does not violate this chapter with respect to a transaction otherwise complying with this chapter if the person relies on dollar amounts either determined according to paragraph (b) or appearing in the last publication of the commissioner announcing the then current dollar amounts.

§ Subd. 5.Farm machines.


Farm machines and implements used in farming operations by a debtor engaged principally in farming, livestock, farm produce, and standing crops, not exceeding $13,000 in value. When a debtor is a partnership of spouses or a partnership of natural persons related to each other within the third degree of kindred according to the rules of the civil law, for the purposes of the exemption in this subdivision, the partners may elect to treat the assets of the partnership as assets of the individual partners.

§ Subd. 6.Tools of trade.


The tools, implements, machines, instruments, office furniture, stock in trade, and library reasonably necessary in the trade, business, or profession of the debtor, not exceeding $11,500 in value.

§ Subd. 7.Value limitations.


The total value of property selected by a debtor pursuant to subdivisions 5 and 6 shall not exceed $13,000, if the exemptions under subdivisions 5 and 6 are combined.

§ Subd. 8.University apparatus.


The library and philosophical and chemical or other apparatus belonging to, and used for the instruction of youth in, any university, college, seminary of learning, or school which is indiscriminately open to the public.

§ Subd. 9.Exempt property claims.


All money arising from any claim on account of the destruction of, or damage to, exempt property.

§ Subd. 10.Insurance proceeds.


All money received by, or payable to, a surviving spouse or child from insurance payable at the death of a spouse, or parent, not exceeding $46,000. The $46,000 exemption provided by this subdivision shall be increased by $11,500 for each dependent of the surviving spouse or child.

§ Subd. 11.Beneficiary associations.


All money, relief, or other benefits payable or to be rendered by any police department association, fire department association, beneficiary association, or fraternal benefit association to any person entitled to assistance therefrom, or to any certificate holder thereof or beneficiary under any such certificate.

[See Note.]

§ Subd. 12.Manufactured home.


A manufactured home, as defined in section 168.002, subdivision 16, which is actually inhabited as a home by the debtor.

§ Subd. 12a.Motor vehicles.


One motor vehicle to the extent of a value not exceeding $4,600; or one motor vehicle to the extent of a value not exceeding $46,000 that has been modified, at a cost of not less than $3,450, to accommodate the physical disability making a disabled person eligible for a certificate authorized by section 169.345.

§ Subd. 13.Earnings.


All earnings not subject to garnishment by the provisions of section 571.922. A subsequent attachment, garnishment, or levy of execution shall impound only that pay period's nonexempt disposable earnings not subject to a prior attachment, garnishment or levy of execution, but in no instance shall more than an individual's total nonexempt disposable earnings in that pay period be subject to attachment, garnishment, or levy of execution. Garnishments shall impound the nonexempt disposable earnings in the order of their service upon the employer. The disposable earnings exempt from garnishment are exempt as a matter of right, whether claimed or not by the person to whom due. The exemptions may not be waived. The exempt disposable earnings are payable by the employer when due. The exempt disposable earnings shall also be exempt for 20 days after deposit in any financial institution, whether in a single or joint account. This 20-day exemption also applies to any contractual setoff or security interest asserted by a financial institution in which the earnings are deposited by the individual. In tracing the funds, the first-in first-out method of accounting shall be used. The burden of establishing that funds are exempt rests upon the debtor. As used in this section, the term "financial institution" includes credit unions. Nothing in this paragraph shall void or supersede any valid assignment of earnings or transfer of funds held on account made prior to the attachment, garnishment, or levy of execution.

§ Subd. 14.Public assistance.


All government assistance based on need, and the earnings or salary of a person who is a recipient of government assistance based on need, shall be exempt from all claims of creditors including any contractual setoff or security interest asserted by a financial institution. For the purposes of this chapter, government assistance based on need includes but is not limited to Minnesota family investment program, Supplemental Security Income, medical assistance, MinnesotaCare, payment of Medicare part B premiums or receipt of part D extra help, MFIP diversionary work program, work participation cash benefit, Minnesota supplemental assistance, emergency Minnesota supplemental assistance, general assistance, emergency general assistance, emergency assistance or county crisis funds, energy or fuel assistance, and food support. The salary or earnings of any debtor who is or has been an eligible recipient of government assistance based on need, or an inmate of a correctional institution shall, upon the debtor's return to private employment or farming after having been an eligible recipient of government assistance based on need, or an inmate of a correctional institution, be exempt from attachment, garnishment, or levy of execution for a period of six months after the debtor's return to employment or farming and after all public assistance for which eligibility existed has been terminated. The exemption provisions contained in this subdivision also apply for 60 days after deposit in any financial institution, whether in a single or joint account. In tracing the funds, the first-in first-out method of accounting shall be used. The burden of establishing that funds are exempt rests upon the debtor. Agencies distributing government assistance and the correctional institutions shall, at the request of creditors, inform them whether or not any debtor has been an eligible recipient of government assistance based on need, or an inmate of a correctional institution, within the preceding six months.
§ Subd. 15.Minor child earnings.


The earnings of the minor child of any debtor and any child support paid to any debtor, or the proceeds thereof, by reason of any liability of such debtor not contracted for the special benefit of such minor child.

§ Subd. 16.Claims for damages.


The claim for damages recoverable by any person by reason of a levy upon or sale under execution of the person's exempt personal property, or by reason of the wrongful taking or detention of such property by any person, and any judgment recovered for such damages.

§ Subd. 17.Selection.


All articles exempted by this section shall be selected by the debtor, the debtor's agent, or legal representative.

§ Subd. 18.Natural persons limitation.


The exemptions provided for in subdivisions 3 to 15 extend only to debtors who are natural persons except as provided in subdivision 5 for partnerships.

§ Subd. 19.Waiver.


The exemption of the property listed in subdivisions 2, 3, and 5 to 12a may not be waived except by a statement in substantially the following form, in boldface type of a minimum size of 12 points, signed and dated by the debtor at the time of the execution of the contract surrendering the exemption, immediately adjacent to the listing of the property: "I understand that some or all of the above property is normally protected by law from the claims of creditors, and I voluntarily give up my right to that protection for the above listed property with respect to claims arising out of this contract."

§ Subd. 20.Traceable funds.


The exemption of funds from creditors' claims, provided by subdivisions 9, 10, 11, 15, and 24, shall not be affected by the subsequent deposit of the funds in a bank or any other financial institution, whether in a single or joint account, if the funds are traceable to their exempt source. In tracing the funds, the first-in first-out method of accounting shall be used. The burden of establishing that funds are exempt rests upon the debtor. No bank or other financial institution shall be liable for damages for complying with process duly issued out of any court for the collection of a debt even if the funds affected by the process are subsequently determined to have been exempt.

§ Subd. 21.Value.


For the purpose of this section, "value" means current fair market value.

§ Subd. 22.Rights of action.


Rights of action for injuries to the person of the debtor or of a relative whether or not resulting in death.

§ Subd. 23.Life insurance aggregate interest.


The debtor's aggregate interest not to exceed in value $9,200 in any accrued dividend or interest under or loan value of any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.

§ Subd. 24.Employee benefits.


(a) The debtor's right to receive present or future payments, or payments received by the debtor, under a stock bonus, pension, profit sharing, annuity, individual retirement account, Roth IRA, individual retirement annuity, simplified employee pension, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent of the debtor's aggregate interest under all plans and contracts up to a present value of $69,000 and additional amounts under all the plans and contracts to the extent reasonably necessary for the support of the debtor and any spouse or dependent of the debtor.

(b) The exemptions in paragraph (a) do not apply when the debt is owed under a support order as defined in section 518A.26, subdivision 21.

§ Subd. 25.Proceeds for improvements to property.


Proceeds of payments received by a person for labor, skill, material, or machinery contributing to an improvement to real estate within the meaning of section 514.01.
Last Amended: 2019
2019

History: (9447) RL s 4317; 1909 c 12 s 1; 1913 c 375 s 1; 1915 c 202 s 1; 1923 c 154 s 1; 1923 c 350 s 1; 1927 c 272; 1933 c 350 s 1; 1939 c 263; 1941 c 351; 1949 c 282 s 1; 1951 c 673 s 1; 1955 c 859 s 1; 1961 c 568 s 1; 1967 c 835 s 1; 1969 c 1142 s 23,24; 1976 c 335 s 6-10; 1977 c 180 s 3; 1980 c 550 s 1-4; 1980 c 599 s 6-8; 1981 c 7 s 1; 1981 c 322 s 1; 1981 c 365 s 9; 1983 c 235 s 5-11; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1985 c 306 s 2-6; 1Sp1985 c 1 s 24; 1986 c 444; 1988 c 490 s 2-4; 1989 c 284 s 1; 1989 c 350 art 16 s 2-4; 1991 c 199 art 2 s 1; 1993 c 79 s 7; 1993 c 156 s 6; 1995 c 207 art 2 s 36; 1997 c 85 art 4 s 37; 1997 c 203 art 6 s 84; 1999 c 159 s 143; 1999 c 160 s 1; 2000 c 430 s 3; 2005 c 137 s 1; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2009 c 31 s 2; 2013 c 135 art 2 s 9-15; 2016 c 158 art 2 s 119; 2018 c 111 s 1; 1Sp2019 c 9 art 1 s 42
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Other Minnesota Exemption Citations

50 State Homestead Exemptions

  • Alaska Stat. § 09.38.010 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Alaska Admin. Code tit. 8, § 95.030 (a) - $72,900 (joint owners may each claim a portion, but total can't exceed $72,900)
  • Ala. Code § 6-10-2 - Real property or mobile home to $16,450 (Increased to $16,450 on April 1, 2021); property cannot exceed 160 acres (husband & wife may double)
  • Ala. Code § 6-10-20 - Must record homestead declaration before attempted sale of home
  • Ala. Code § 6-10-4 - Real property or mobile home to $16,450 (Increased to $16,450 on April 1, 2021); property cannot exceed 160 acres (husband & wife may double)
  • Ark. Const. Art. 9, § 3 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, § 4 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Const. Art. 9, § 5 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-210 - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-218 (b)(3), (4) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • In re Stevens, 829 F.2d 693 (8th Cir. 1987) - 1. For married person or head of family: unlimited exemption on real or personal property used as residence to 1/4 acre in city, town, or village, or 80 acres elsewhere; if property is between 1/4—1 acre in city, town, or village, or 80-160 acres elsewhere, additional limit is $2,500; homestead may not exceed 1 acre in city, town, or village, or 160 acres elsewhere (husband & wife may not double)
  • Ark. Code Ann. § 16-66-218 (a)(1) - 2. Real or personal property used as residence to $800 if single; $1,250 if married
  • Ariz. Rev. Stat. § 33-1101 (A) - Real property, an apartment, or mobile home you occupy to $400,000; sale proceeds exempt 18 months after sale or until new home purchased, whichever occurs first (husband & wife may not double)
  • Ariz. Rev. Stat. § 33-1102 - May record homestead declaration to clarify which one of multiple eligible parcels is being claimed as homestead
  • In re Talmadge, 832 F.2d 1120 (9th Cir 1987) - Real or personal property, including co-op, used as residence to $31,950; unused portion of homestead may be applied to any property
  • Cal. Civ. Proc. Code § 704.710 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.720 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.730 - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 704.920 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.950 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 704.960 - May file homestead declaration to protect exemption amount from attachment of judicial liens and to protect proceeds of voluntary sale for 6 months.
  • Cal. Civ. Proc. Code § 703.150 (c) - The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars ($678,391*). (2) Three hundred thousand dollars ($339,196*). (* adjusted annually for inflation, beginning on January 1, 2022.
  • Cal. Civ. Proc. Code § 703.140 (b)(1) - Real or personal property, including co-op, used as residence to $31,950; unused portion of homestead may be applied to any property
  • Colo. Rev. Stat. § 38-41-204 - Spouse or child of deceased owner may claim homestead exemption
  • Colo. Rev. Stat. § 38-41-201 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-201.6 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-203 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-207 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • In re Pastrana, 216 B.R. 948 (Colo. 1998) - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Colo. Rev. Stat. § 38-41-201.7 - Real property, mobile home, manufactured home, or house trailer you occupy to $250,000; $350,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 3 years after received if kept separate and apart from other moneys. (husband & wife may double). Includes all dwellings including manufactured homes, a vehicle and any trailer, water vessel, camper coach, mounted equipment, railway car, shipping or cargo container, shed, or tiny home (with or without wheels).
  • Conn. Gen. Stat. Ann. § 52-352a (e) - Real property, co-op, including mobile or manufactured home, to $250,000. (Effective October 1, 2021. See: PA 21-161—HB 6466)
  • Conn. Gen. Stat. Ann. § 52-352b (t) - Real property, co-op, including mobile or manufactured home, to $250,000. (Effective October 1, 2021. See: PA 21-161—HB 6466)
  • D.C. Code Ann. § 15-501 (a)(14) - Any property used as a residence or co-op that debtor or debtor's dependent uses as a residence
  • In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Del. Code Ann. tit. 10, § 4914 (c)(1) - Equity in real property or equity in a manufactured home that is debtors principal residence not to exceed $125,000. (joint filers may not double)
  • In re Kelley, 361 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Fla. Stat. Ann. § 222.01 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.02 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.03 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.05 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Const. Art.10, § 4 - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • In re Colwell, 196 F.3d 1225 (11th Cir. 1999) - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
  • Fla. Stat. Ann. § 222.01 - May file homestead declaration
  • Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • In re Taylor, 320 B.R. 214 (Bkrtcy.N.D.Ga., 2005) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. § 44-13-100 (a)(1); - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Ga. Code Ann. § 44-13-100 (a)(6) - Real or personal property, including co-op, used as residence to $21,500 ($43,000 if married, and the property is solely owned by one spouse); up to $5,000 of unused portion of homestead may be applied to any property
  • Haw. Rev. Stat. § 651-93 - 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 (husband & wife may not double)
  • Haw. Rev. Stat. § 651-91 - 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 (husband & wife may not double)
  • Haw. Rev. Stat. § 651-92 - 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 (husband & wife may not double)
  • Haw. Rev. Stat. § 651-96 - 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 (husband & wife may not double)
  • Iowa Code § 561.4 - May record homestead declaration
  • Iowa Code § 499A.18 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code § 561.2 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Iowa Code § 561.16 - Real property or an apartment to an unlimited value; property cannot exceed 1/2 acre in town or city, 40 acres elsewhere (husband & wife may not double)
  • Idaho Code § 55-1004 - Must record homestead exemption for property that is not yet occupied
  • Idaho Code § 55-1001 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • Idaho Code § 55-1003 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • Idaho Code § 55-1113 - Real property or mobile home to $175,000*; sale proceeds exempt for 6 months (husband and wife may not double) (* increased from $100,000 - March 2020)
  • 735 Ill. Comp. Stat. 5/12-902 - Spouse or child of deceased owner may claim homestead exemption
  • 735 Ill. Comp. Stat. 5/12-901 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • 735 Ill. Comp. Stat. 5/12-906 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
  • Ind. Code Ann. § 34-55-10-2.5 - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
  • Ind. Code Ann. § 34-55-10-2 (c)(1) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Ind. Code Ann. § 34-55-10-2 (c) - Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)
  • Kan. Stat. Ann. § 60-2301 - 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. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Kan. Const. art. 15 § 9 - 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. (New in 2011: If existing homestead land is annexed by city, homestead retains its prior protection despite annexation.)
  • Ky. Rev. Stat. Ann. § 427.090 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • Ky. Rev. Stat. Ann. § 427.060 - Real or personal property used as residence to $5,000; sale proceeds exempt
  • La. Rev. Stat. Ann. § 20:1 (A)(1),(2),(3) - Property you occupy to $35,000 (if debt is result of catastrophic or terminal illness or injury, limit is full value of property as of 1 year before filing); cannot exceed 5 acres in city or town, 200 acres elsewhere (husband & wife may not double)
  • La. Rev. Stat. Ann. § 13:3881 - Disaster relief insurance proceeds for exempt property
  • La. Rev. Stat. Ann. § 20:1 (B) - Spouse or child of deceased owner may claim homestead exemption; spouse given home in divorce gets homestead
  • Mass. Gen. Laws ch. 188, § 1 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 2 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 5 - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • In re Peirce, 467 B.R. 260 (Bankr.D.Minn. 2012) - Automatic homestead $125,000; "Declared homestead" to $500,000 for property you occupy or intend to occupy (including mobile home); (co-owners may not double) (special rules if over 62 or disabled, may double to 1,000,00).
  • Mass. Gen. Laws ch. 188, § 2 - Special rules for elderly and disabled.
  • Mass. Gen. Laws ch. 188, § 7 - Spouse or children of deceased owner may claim homestead exemption
  • Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
  • In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (f) - Owner occupied residential property or condo or co-op or or a manufactured home that has been converted to real property pursuant to Real Property § 8B-201, to $27,900 (husband and wife may not double), can only be claimed once every 8 years. (Note:Maryland homestead cap is equal to the Federal inflation-adjusted homestead amount, as of April 1, 2022, adjusted for inflation every 3 years.)
  • Me. Rev. Stat. Ann. tit. 14, § 4422 (1) - Real or personal property (including cooperative) used as residence to $80,00; if debtor has minor dependents in residence, to $160,000; if debtor over age 60 or physically or mentally disabled, $160,000 (joint debtors in this category may double); proceeds of sale exempt for six months
  • In re Lindstrom, 331 B.R. 267 (E.D. Mich. 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Mich. Comp. Laws § 600.5451 (1)(m) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • Vinson v. Dakmak, 347 B.R. 620 (E.D. Mich 2006) - Real property including condo to $46,125, $69,200 if 65 or older or disabled; property cannot exceed 1 lot in town, village, city, or 40 acres elsewhere; spouse or children of deceased owner may claim homestead exemption. Spouses or unmarried co-owners may not double.
  • In re Tveten, 402 N.W.2d 551 (Minn 1987) - Only reasonable amount may be exempted.
  • In re Medill, 119 B.R. 685 (D.Minn 1990) - Only reasonable amount may be exempted.
  • Minn. Stat. Ann. § 510.01 - Home and land on which it is situated to $480,000; if homestead is used for agricultural purposes, $1,125,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. § 510.02 - Home and land on which it is situated to $480,000; if homestead is used for agricultural purposes, $1,125,000; cannot exceed 1/2 acre in city, 160 acres elsewhere (husband & wife may not double)
  • Minn. Stat. Ann. § 550.37 subd. 12 - Manufactured home to an unlimited value
  • In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Mo. Rev. Stat. § 513.430 1.(6) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Mo. Rev. Stat. § 513.475 - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Smith,, 254 B.R. 751 (W.D. Mo. 2000) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • In re Hurd, 441 BR 116 (BAP 8th Cir 2010) - Real property to $15,000 or mobile home to $5,000 (joint owners may not double)
  • Miss. Code Ann. § 85-3-1 (b)(i) - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. § 85-3-21 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • Miss. Code Ann. § 85-3-23 - Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
  • In re Cobbins, 234 B.R. 882 (S.D. Miss. 1999) - Mobile home does not qualify as homestead unless you own land on which it is located (see personal property)
  • Miss. Code Ann. § 85-3-27 - May file homestead declaration
  • Miss. Code Ann. § 85-3-31 - May file homestead declaration
  • Mont. Code Ann. § 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • Mont. Code Ann. § 25-13-615 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-104 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-201 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-213 - Real property or mobile home you occupy to $378,560; sale, condemnation, or insurance proceeds exempt for 18 months (increases 4% every calendar year)
  • Mont. Code Ann. § 70-32-105 - Must record homestead declaration before filing for bankruptcy
  • N.C. Gen. Stat. § 1C-1601 (a)(1),(2) - Real or personal property, including co-op, used as residence to $35,000 (husband and wife may double) ($60,000 if 65 or older and spouse is deceased); up to $5,000 of unused portion of homestead may be applied to any property
  • In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • N.D. Cent. Code § 28-22-02 (7) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • N.D. Cent. Code § 47-18-01 - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • N.D. Cent. Code § 47-18-04 (4) - Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)
  • Neb. Rev. Stat. § 25-1556 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-111 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-113 - $60,000 for head of family or unmarried person age 65 or older; cannot exceed 2 lots in city or village, 160 acres elsewhere; sale proceeds exempt 6 months after sale (husband & wife may not double)
  • Neb. Rev. Stat. § 40-105 - May record homestead declaration
  • N.H. Rev. Stat. Ann. § 480:1 - Real property or manufactured housing (and the land it's on if you own it) to $120,000
  • Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - None, but survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
  • N.M. Stat. Ann. § 42-10-9 - $150,000 (joint owners may double). A surviving spouse may claim $300,000 if the owner's spouse died within two years prior to the date of claiming the exemption.
  • Nev. Rev. Stat. Ann. § 115.020 - Must record homestead declaration before filing for bankruptcy
  • In re Lennox, 58 B.R. 104 (D. Nev. 1986) - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.020 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.005 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 115.010 - Real property or mobile home to $605,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. § 21.090 (1)(m) - Real property or mobile home to $605,000 (husband & wife may not double)
  • In re Pearl, 723 F.2d 193 (2nd Cir. 1983) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
  • N.Y. CPLR § 5206 (a) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
  • In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Ohio Rev. Code Ann. § 2329.66 (A)(1)(b) - Real or personal property used as residence to $161,375.
  • 31 Okla. Stat. Ann. § 1 (A)(1) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. § 1 (A)(2) - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • 31 Okla. Stat. Ann. § 2 - Real property or manufactured home to unlimited value; property cannot exceed 1 acre in city, town, or village, or 160 acres elsewhere; $5,000 limit if more than 25% of total sq. ft. area used for business purposes; okay to rent homestead as long as no other residence is acquired
  • Or. Rev. Stat. § 18.395 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 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
  • Or. Rev. Stat. § 18.402 - Real property, mobile home or houseboat you occupy or intend to occupy to $40,000 ($50,000 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
  • Or. Rev. Stat. § 408.440 - Real property of a soldier or sailor during time of war
  • In re Wynn, 369 B.R. 605 (Bankr. D. Or 2007) - Homestead proceeds used for rent count as reinvestment within one year.
  • In re Pletz, 221 F.3d 1114 (9th Cir 2000) - Tenancy by entirety not exempt, but subject to survivorship rights of nondebtor spouse
  • In re Casserino, 379 F.3d 1069 (9th Cir. 2004) - Prepaid rent and security deposits for renter's dwelling
  • In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - None; however, property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • R.I. Gen. Laws § 9-26-4.1 - $500,000 in land & buildings you occupy or intend to occupy as a principal residence
  • S.C. Code Ann. § 15-41-30 (A)(1) - Real property, including co-op, to $67,100 (joint owners to $134,175)
  • S.D. Codified Laws Ann. § 43-31-1 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-2 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-3 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-4 - Real property to unlimited value or mobile home (larger than 240 sq. ft. at its base and registered in state at least 6 months before filing) to unlimited value; property cannot exceed 1 acre in town or 160 acres elsewhere; sale proceeds to $30,000 ($170,000 if over age 70 or widow or widower who hasn't remarried) exempt for 1 year after sale (husband & wife may not double)
  • S.D. Codified Laws Ann. § 43-31-5 - (Gold or silver mine, mill, or smelter not exempt)
  • S.D. Codified Laws Ann. § 43-31-13 - Spouse or child of deceased owner may claim homestead exemption
  • S.D. Codified Laws Ann. § 43-31-6 - May file homestead declaration
  • Tenn. Code Ann. § 26-2-301 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • In re Arango, 136 B.R. 740 (Bankr.E.D.Tenn. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arango, 992 F.2d 611 (6th Cir. 1993) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Arwood, 289 B.R. 889 (Bankr.E.D.Tenn. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse In re Arango, 136 B.R. 740 aff'd, 992 F.2d 611 (6th Cir. 1993)
  • In re Hogue, 286 S.W.3d 890 (S.Ct.Tenn 2009) - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. § 26-2-302 - $5,000; $7,500 for joint owners; $25,000 if at least one dependent is a minor child. (if 62 or older, 12,500 if single; $20,000 if married; $25,000 if spouse is also 62 or older)
  • Tenn. Code Ann. § 26-2-303 - 2—15 year lease
  • Tenn. Code Ann. § 26-2-301 - Spouse or child of deceased owner may claim homestead exemption
  • Tex. Prop. Code Ann. § 41.023 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.021 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.022 - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.005 (f) - Must file homestead declaration, or court will file it for you and charge you for doing so
  • Tex. Prop. Code Ann. § 41.003 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. § 41.001 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Prop. Code Ann. § 41.002 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, §Â 50 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • Tex. Const. Art. 16, §Â 51 - Unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sale proceeds exempt for 6 months after sale (renting okay if another home not acquired, Prop. 41.003)
  • 11 U.S.C. § 522 (d)(1), (d)(5) - Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • 25 U.S.C. § 410 - Indian lands or homestead sales or lease proceeds
  • Utah Code Ann. § 78B-5-503 (5)(b) - Sale proceeds exempt for 1 year
  • Utah Code Ann. § 78B-5-504 - Must file homestead declaration before attempted sale of home
  • Utah Code Ann. § 78B-5-503 (1),(2),(4) - Real property, mobile home, or water rights to $48,700 if primary residence; $5,800 if not primary residence (joint owners may double)
  • In re Williams, 104 F.3d 668 (4th Cir 1997) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. § 34-4 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Cheeseman v.Nachman,, 656 F.2d 60 (4th Cir. 1981) - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Va. Code Ann. § 34-18 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • Va. Code Ann. § 34-20 - $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000, and (as of July 2020) an additional $25,000 if the home is a principal residence
  • In re Hoss, 233 B.R. 684 (W.D. Va 1999) - May include mobile home.
  • Va. Code Ann. § 34-6 - Must file homestead declaration before filing for bankruptcy
  • In re Bunker, 312 f.3d 145 (4th Cir 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Va. Code Ann. § 64.2-311 - Surviving spouse may claim $15,000; if no surviving spouse, minor children may claim exemption
  • Vt. Stat. Ann. tit. 27, § 101 - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
  • Vt. Stat. Ann. tit. 27, § 105 - Spouse of deceased owner may claim homestead exemption
  • D'Avignon v. Palmisano, 34 B.R. 796 (D. Vt. 1982) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • In re Roberge, 307 B.R. 442 (Bankr. D. Vt. 2004) - Real property or mobile home to $125,000; may also claim rents, issues, profits, & out-buildings (husband and wife may not double)
  • Wash. Rev. Code Ann. § 6.13.040 - Must record homestead declaration before sale of home if property unimproved or home unoccupied
  • Wash. Rev. Code Ann. § 6.13.010 - Real property, manufactured home, or mobile home from to $172,900 to $729,600, depending on county (husband and wife may not double) (S.B. 5408 effective, signed May 12, 2021)
  • Wash. Rev. Code Ann. § 6.13.030 - Real property, manufactured home, or mobile home from to $172,900 to $729,600, depending on county (husband and wife may not double) (S.B. 5408 effective, signed May 12, 2021)
  • Wis. Stat. Ann. § 990.01 (14) - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • Wis. Stat. Ann. § 815.20 - Property you occupy or intend to occupy to $75,000, not exceeding 40 acres; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double)
  • W. Va. Code § 38-10-4 (a) - Real or personal property used as residence to $35,000; unused portion of homestead may be applied to any property (husband & wife may double)
  • Wyo. Stat. § 1-20-101 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-102 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-104 - Real property or mobile home you occupy to $100,000 (joint owners may double)
  • Wyo. Stat. § 1-20-103 - Spouse or child of deceased owner may claim homestead exemption