North Carolina Homestead Exemption

 

How much of your home equity is protected if you file for bankruptcy in North Carolina?

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Homestead Exemptions - State System
(State Law + Federal Non-Bankruptcy Law)

Homestead Exemption Under North Carolina Law

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

Amount Joint amount

35,000

70,000

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)

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Homestead Exemptions - Federal Bankruptcy Exemptions 
(Exemptions under 11 U.S.C. § 522(d) only)

Can North Carolina debtors use the Federal Bankruptcy exemptions instead of North Carolina exemptions?

No. N.C. Gen. Stat. § 1C-1601(f).

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.

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Jurisdictional relevance: ST

There are versions of this article for each State.