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Homestead Protection

Mississippi Homestead Exemption

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

Updated: 2021-01-03 by

Property you own & occupy to $75,000; if over 60 and married or widowed may claim a former residence; property cannot exceed 160 acres; sale proceeds exempt
Mobile home (as personal property) to $30,000 (Mobile home does not qualify as homestead unless you own land on which it is located)

Amount Joint amount

75000

75000

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 Mississippi 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.

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US Bankruptcy Code § 522(d) Homestead Exemption

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

No. Miss. Code Ann. § 85-3-2.

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.

 

Mississippi WildCard Exemption
 
Does Mississippi Recognize Tenancy by the Entirety?

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