.

North Dakota Exemption Notes

July 1, 2023 Homestead Increased to $150,000

As of July 1, 2023, North Dakota raised its homestead exemption from $100,000 to $150,000. (N.D. Cent Code § 47-18-04(4) amended by S.L. 2023, ch. 299 (SB 2206),§ 3, eff. 7/1/2023.)

OPT OUT STATUS:

Can I use the §522(d) Federal Bankruptcy Exemptions in North Dakota?

No. N.D. Cent. Code § 28-22-17.

KEY EXEMPTIONS:

Homestead

Real property, house trailer, or mobile home to $150,000 (husband & wife may not double)

Motor Vehicle

Motor vehicle to $10,000 or $50,000 for vehicle that has been modified to accommodate owner's disability

Wildcard

$25,000 of any property in lieu of homestead
Head of household not claiming crops or grain may claim $7,500 of any personal property
Non-head of household not claiming crops or grain may claim $3,750 of any personal property

Personal Property

1. All debtors may exempt: Bible, schoolbooks; other books
Burial plots, church pew;
Wearing apparel to $5,000, and all clothing of the debtor & debtor's family
Family pictures ;
Crops or grain raised by debtor on 160 acres where debtor resides; 28-22-02(8)
Food & fuel to last 1 year
Insurance proceeds for exempt property, if held in cash or invested in other exempt property
Motor vehicle to $10,000 or $50,000 for vehicle that has been modified to accommodate owner's disability 28-22-03.1(2)
Personal injury recoveries to $7,500
Wrongful death recoveries to $7,500

See Also:
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  • Homestead

  • Homestead [US] 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
  • Tenancy by Entirety

  • Tenancy by Entirety [US] Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
  • Insurance — Life, Disability

  • Insurance — Life, Disability [US] Disability, illness, or unemployment benefits
  • Insurance — Life, Disability [US] Life insurance payments from policy for person you depended on, needed for support
  • Insurance — Life, Disability [US] Life insurance policy loan value, in accured dividends or interest, to $14,875
  • Insurance — Life, Disability [US] Unamtured life insurance contract, except credit insurance policy
  • Pensions & Retirement Savings

  • Pensions & Retirement Savings [US] All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
  • Personal Property

  • Personal Property [US] Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $700 per item, $14,875 total
  • Personal Property [US] Health aids
  • Personal Property [US] Jewelry to $1,875
  • Personal Property [US] Lost earnings payments
  • Personal Property [US] Motor vehicle to $4,450
  • Personal Property [US] Personal injury recoveries to $27,900 (not to include pain & suffering or pecuniary loss)
  • Personal Property [US] Wrongful death recoveries for person you depended on
  • Public Benefits

  • Public Benefits [US] Crime victims' compensation
  • Public Benefits [US] Social Security
  • Public Benefits [US] Unemployment compensation
  • Public Benefits [US] Veteran's benefits
  • Tools of Trade

  • Tools of Trade [US] Implements, books, & tools of trade to $2,800
  • Wages

  • Wages [US] None
  • Wild Card

  • Wild Card [US] $1,475 of any property
  • Wild Card [US] Up to $13,950 of unused homestead exemption amount, for any property.
  • Miscellaneous

  • Miscellaneous [US] Alimony, child support needed for support
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