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Homestead Protection

Indiana Homestead Exemption

How much of your home equity is protected if you file for bankruptcy in Indiana?
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Indiana WildCard Exemption
Does Indiana Recognize Tenancy by the Entirety?

Updated: 2021-01-03 by

Real or personal property used as residence to $19,300 (husband and wife may double);
Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse

Amount Joint amount



NOTE: Residency Requirement Caps Maximum Homestead at $160,375 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 $160,375. (If your state's exemption offers less than this amount, the law is irrelevant to you.) .

IF you are moving to another state, OR you moved to Indiana within in the last two years, click here.

Federal Non-Bankruptcy Homestead Exemptions (available in every State)

These are exemptions under federal law, and not part of the bankruptcy code, so states cannot "opt out" from these exemptions.


US Bankruptcy Code § 522(d) Homestead Exemption

Can a Indiana debtor use the Federal Bankruptcy exemptions instead of Indiana exemptions?

No. Ind. Code § 34-55-10-1.

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.


Indiana WildCard Exemption
Does Indiana Recognize Tenancy by the Entirety?

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