Bankruptcy Exemption Citations
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← Indiana Homestead Exemptions

Exemption: Real or personal property used as residence to $22,750* (husband and wife may double); (*adjusted for inflation every six years)

Citation: Stat. - Ind. Code Ann. § 34-55-10-2 (c)(1)

.
Ind. Code Ann. § 34-55-10-2 (c)(1):
34-55-10-2 List of exemptions; limitations

Sec. 2. (a) This section does not apply to judgments obtained before October 1, 1977.

(b) The amount of each exemption under subsection (c) applies until a rule is adopted by the department of financial institutions under section 2.5 of this chapter.

(c) The following property of a debtor domiciled in Indiana is exempt:

(1) Real estate or personal property constituting the personal or family residence of the debtor or a dependent of the debtor, or estates or rights in that real estate or personal property, of not more than fifteen thousand dollars ($15,000)($17,600)*($19,300)**. The exemption under this subdivision is individually available to joint debtors concerning property held by them as tenants by the entireties.
(2) Other real estate or tangible personal property of eight thousand dollars ($8,000)($9,350)*($10,250)**.
(3) Intangible personal property, including choses in action, deposit accounts, and cash (but excluding debts owing and income owing), of three hundred dollars ($300)($350)*($400)**.
(4) Professionally prescribed health aids for the debtor or a dependent of the debtor.
(5) Any interest that the debtor has in real estate held as a tenant by the entireties. The exemption under this subdivision does not apply to a debt for which the debtor and the debtor' s spouse are jointly liable.
(6) An interest, whether vested or not, that the debtor has in a retirement plan or fund to the extent of:
(A) contributions, or portions of contributions, that were made to the retirement plan or fund by or on behalf of the debtor or the debtor's spouse:
(i) which were not subject to federal income taxation to the debtor at the time of the contribution; or
(ii) which are made to an individual retirement account in the manner prescribed by Section 408A of the Internal Revenue Code of 1986;
(B) earnings on contributions made under clause (A) that are not subject to federal income taxation at the time of the levy; and
(C) roll-overs of contributions made under clause (A) that are not subject to federal income taxation at the time of the levy.
(7) Money that is in a medical care savings account established under IC 6- 8-11.
(8) Any interest the debtor has in a qualified tuition program, as defined in Section 529(b) of the Internal Revenue Code of 1986, but only to the extent funds in the program are not attributable to:
(A) excess contributions, as described in Section 529(b)(6) of the Internal Revenue Code of 1986, and earnings on the excess contributions;
(B) contributions made by the debtor within one (1) year before the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate contributions made by the debtor for all programs under this subdivision and education
savings accounts under subdivision (9) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the aggregate contributions.
(9) Any interest the debtor has in an education savings account, as defined in Section 530(b) of the Internal Revenue Code of 1986, but only to the extent funds in the account are not attributable to:
(A) excess contributions, as described in Section 4973(e) of the Internal Revenue Code of 1986, and earnings on the excess contributions;
(B) contributions made by the debtor within one (1) year before the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the contributions; or
(C) the excess over five thousand dollars ($5,000) of aggregate contributions made by the debtor for all accounts under this subdivision and qualified tuition programs under subdivision (8) having the same designated beneficiary:
(i) not later than one (1) year before; and
(ii) not earlier than two (2) years before;
the date of the levy or the date a bankruptcy petition is filed by or against the debtor, and earnings on the excess contributions.
(10) The debtor's interest in a refund or a credit received or to be received under section 32 of the Internal Revenue Code of 1986.

(d) A bankruptcy proceeding that results in the ownership by the bankruptcy estate of a debtor's interest in property held in a tenancy by the entireties does not result in a severance of the tenancy by the entireties.

(e) Real estate or personal property upon which a debtor has voluntarily granted a lien is not, to the extent of the balance due on the debt secured by the lien:

(1) subject to this chapter; or
(2) exempt from levy or sale on execution or any other final process from a court.
Last Amended: 2012
2012
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.10; P.L.145-2008, SEC.33; P.L.44-2010, SEC.1; P.L.53-2010, SEC.1; P.L.42-2011, SEC.73, eff. April 20, 2011; P.L.160-2012, SEC.65, eff. March 20, 2012.

March 1, 2010
* Amount adjusted for inflation

March 1, 2016
** Amount adjusted for inflation
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Other Indiana 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