- Homestead Exemption
- Federal Non-Bankruptcy Homestead Exemptions (available in every State)
- US Bankruptcy Code § 522(d) Homestead Exemption
Homestead Exemptions - State System
(State Law + Federal Non-Bankruptcy Law)
Homestead Exemption Under Law
$339,196 to $678,391 depending on the county, and the median sale price for a home in prior calendar year.
2023 California Homestead Calculator (by County)
| Amount | Joint amount |
|---|---|
$313,000 to $626,000 depending on county |
$313,000 to $626,000 depending on county |
California Exemption System 1
California Exemption System 2
NOTE: Residency Requirement Caps Maximum Homestead at $189,050 if you've recently moved to a State that allows more than that
Under the 2005 bankruptcy law, you must be have lived in the state for at least 40 months (3 years + 4 months) before you can claim any homestead protection greater than $189,050. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .
Federal Non-Bankruptcy Homestead Exemptions
These are exemptions under federal law, but and are NOT part of the bankruptcy code list of exemptions in 522(d), so states cannot "opt out" from these exemptions. These exemptions available in every State ONLY IF you are using the state exemptions. You cannot use these exemptions if you are using the federal bankruptcy exemption scheme under § 522(d)
-
Homestead Exemptions - Federal Bankruptcy Exemptions
(Exemptions under 11 U.S.C. § 522(d) only)
No. Federal exemptions not available. Instead, California has two systems of exemptions, one of which ("C2") closely mirrors the federal scheme. Cal. Civ. Proc. Code § 703.130
The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if
- you haven't lived in any state longer than 180 days for a while,
- or
- if your state allows the Federal exemptions as a choice.