- Hawaii 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 Hawaii Law
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).
| Amount | Joint amount |
|---|---|
30,000 |
30,000 |
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)
Yes. Federal exemptions available.
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.