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Citation: Stat. - Fla. Stat. Ann. 222.01

See also: Fla. Stat. Ann. 222.01 See also: Fla. Stat. Ann. 222.02 See also: Fla. Stat. Ann. 222.03 See also: Fla. Stat. Ann. 222.05 See also: Fla. Const. Art.10, 4 See also: In re Colwell, 196 F.3d 1225 (11th Cir. 1999)

Florida Bankruptcy Exemptions

Category: Homestead

Summary: 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)

  • Other State Citations
  • Other States on this topic 2

Other Florida 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 $5,000; 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 $5,000; 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 1/41 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 1/41 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 1/41 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 1/41 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 1/41 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 1/41 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 $150,000; 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
  • Cal. Civ. Proc. Code 703.140 (b)(1) - Real or personal property, including co-op, used as residence to $24,060; unused portion of homestead may be applied to any property
  • In re Talmadge, 832 F.2d 1120 (9th Cir 1987) - Real or personal property, including co-op, used as residence to $24,060; unused portion of homestead may be applied to any property
  • Cal. Civ. Proc. Code 704.710 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.720 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • Cal. Civ. Proc. Code 704.730 - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • 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) - Real or personal property you occupy including mobile home, boat, stock cooperative, community apartment, planned development, or condo to $75,000 if single & not disabled; $100,000 for families if no other member has a homestead (if only one spouse files, may exempt one-half of amount if home held as community property and all of amount if home held as tenants in common); $175,000 if 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, & with gross annual income under $25,000 or married & gross annual income under $35,000 & creditors seek to force the sale of your home; forced sale proceeds received exempt for 6 months after; separated but married debtor may claim homestead in community property still occupied by other spouse. (Husband & wife may not double)
  • 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 $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-201.6 - Real property, mobile home, manufactured home, or house trailer you occupy to $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-203 - Real property, mobile home, manufactured home, or house trailer you occupy to $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Colo. Rev. Stat. 38-41-207 - Real property, mobile home, manufactured home, or house trailer you occupy to $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • In re Pastrana, 216 B.R. 948 (Colo. 1998) - Real property, mobile home, manufactured home, or house trailer you occupy to $60,000; $90,000 if owner, spouse, or dependent is disabled or age 60 or older; sale proceeds exempt 2 years after received (husband & wife may double)
  • Conn. Gen. Stat. Ann. 52-352a (e) - Real property, co-op, including mobile or manufactured home, to $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
  • Conn. Gen. Stat. Ann. 52-352b (t) - Real property, co-op, including mobile or manufactured home, to $75,000 (husband & wife may double); applies only to claims arising after 1993, but to $125,000 in the case of a money judgment arising out of services provided at a hospital.
  • 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 $75,000 in 2010, $100,000 in 2011, and $125,000 in 2012; $125,000, effective immediately, for persons totally disabled from working or married persons where at least one of the spouses is 65 years old or older. (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. 651-91 - 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 55-1003 - Real property or mobile home to $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
  • Idaho Code 55-1113 - Real property or mobile home to $100,000; sale proceeds exempt for 6 months (husband and wife may not double)
  • 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 $17,600 (husband and wife may double);
  • 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 $17,600 (husband and wife may double);
  • Ind. Code Ann. 34-55-10-2 (c) - Real or personal property used as residence to $17,600 (husband and wife may double);
  • 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 $25,000 (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 to $22,975 (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.)
  • Me. Rev. Stat. Ann. tit. 14, 4422 (1) - Real or personal property (including cooperative) used as residence to $47,500; if debtor has minor dependents in residence, to $95,000; if debtor over age 60 or physically or mentally disabled, $95,000 (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 $37,775, $56,650 if elderly 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 $37,775, $56,650 if elderly 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 $37,775, $56,650 if elderly 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 $390,000; if homestead is used for agricultural purposes, $975,000; 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 $390,000; if homestead is used for agricultural purposes, $975,000; 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. 70-32-104 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-201 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • Mont. Code Ann. 70-32-213 - Real property or mobile home you occupy to $250,000; sale, condemnation, or insurance proceeds exempt for 18 months
  • 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 ) - Real property, house trailer, or mobile home to $100,000 (husband & wife may not double)
  • N.D. Cent. Code 47-18-01 - Real property, house trailer, or mobile home to $100,000 (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 $100,000
  • 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 - $60,000 (joint owners may double)
  • 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 $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.020 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.005 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 115.010 - Real property or mobile home to $550,000 (husband & wife may not double)
  • Nev. Rev. Stat. Ann. 21.090 (1)(m) - Real property or mobile home to $550,000 (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 $150,000 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $125,000 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $75,000 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 $150,000 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $125,000 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $75,000 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 $132,900.
  • 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 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 $56,150 (joint owners to $112,275)
  • 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 - 215 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, 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, 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 $22,975; unused portion of homestead to $11,500 may be applied to any property
  • 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 $30,000 if primary residence; $5,000 if not primary residence (joint owners may double)
  • 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
  • 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
  • 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
  • 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
  • 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 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
  • 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 to $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
  • Wash. Rev. Code Ann. 6.13.030 - Real property, manufactured home, or mobile home to $125,000; unimproved property intended for residence to $15,000 (husband and wife may not double)
  • Wis. Stat. Ann. 815.20 - Property you occupy or intend to occupy to $75,000; sale proceeds exempt for 2 years if you intend to purchase another home (husband & wife's may double) (as of 12/15/2009)
  • W. Va. Code 38-10-4 (a) - Real or personal property used as residence to $25,000; 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 $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-102 - Real property or mobile home you occupy to $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-104 - Real property or mobile home you occupy to $20,000 (joint owners may double)
  • Wyo. Stat. 1-20-103 - Spouse or child of deceased owner may claim homestead exemption
  • 25 U.S.C. 410 - Indian lands or homestead sales or lease proceeds

 

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