FINDLAW: Homestead Exemptions and Forms

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Homestead Exemptions and Forms
What are homestead exemption laws?

Homestead laws were generally designed to protect the home
from creditors, provides the right of occupancy given to a
surviving spouse, minor children, and unmarried children of a
deceased owner and also afford reduced property tax treatment.
When people use the term "homestead exemption" they may be
referring to the tax exemption or reduction, or the exemption
from debts or execution for the payment of debts.

This page only discusses the exemption from debts aspect.
Don't be confused. The exemption does not mean that you
cannot lose your home to creditors or that a lien cannot be placed
on the home. If you borrow money on your home like most people
do, the mortgage holder can foreclose and the exemption has no effect.
If a unsecured (and most lenders are not
registering/attaching/securing/perfecting
mortgage loans properly and so the loans remain unsecured. ALL LENDERS
WILL AUTOMATICALLY CLAIM IN LEGAL DOCUMENTS THAT THEIR
LEIN IS SUPERIOR AND A PRIORITY LIEN OVER ANY OTHERS but that's
just lawyer jargon and you would be wise to do your own research in regards
to what the register of deeds in your county shows as the "chain of title"
on your property. Now, when any unsecured creditor sues you
and obtains a judgment, the creditor can enroll the judgment
as a lien on your property.

However, to the extent that you have a homestead
exemption, the creditor cannot execute on the homestead
and take the home. If you live in a nonjudicial foreclosure
state, if you receive notice of a scheduled sale, you simply
notify the trustee/attorney that you've declared your real
property as your homestead. I've listed the statutes for
each state and the current monetary and land limits for
each state below.

Specific homestead laws vary from State to State. In Texas,
for example, a homestead is not protected from debts owed
to the federal government. The homestead exemption may
be used without filing a recorded claim in some States, while in
others, a designation of homestead may be required. On the other hand,
in virtually every State, in order to receive a homestead tax exemption the property must be designated as such.

In community property States, generally, either separate or
community property may constitute a homestead. Likewise,
in some States, a homestead owner's spouse must join in any transfer
or encumbrance of a homestead. In almost all States, a surviving spouse
is entitled to the sole occupancy of a homestead for life, even though the
property may be owned by someone else, such as were the property is titled
in the husband's name, he dies and leaves the property to his children. Be sure to check the laws of your State.

Homestead exemption forms are usually available from the tax assessor in your county. If not, the tax assessor can provide you with the proper location.

State Laws
These laws are for your information only. You should check the state codes for the most current version. All amounts are stated in general terms as specific variations may apply.
· Alabama - Up to $5,000 in value, or up to 160 acres in area. - Code of Alabama, § 6-10-2
· Alaska - Up to $64,800, no area limitation. - Alaska Statutes, § 09.39.010
· Arizona - Up to $100,000, no area limitation Arizona Revised Statutes, § 33-1101
· Arkansas - Up to $2,500 in value, or at least ¼ acre for city homesteads, 80 acres for rural homesteads Arkansas Code, §§ 16- 66- 210 and 218; Arkansas Constitution Article 9
· California - Up to $50,000 in value. California Code Annotated, §704.730
· Colorado - Up to $45,000 in value, no area limitation Colorado Revised Statutes Annotated, §38-41-201
· Connecticut - Connecticut General Statutes Annotated, § 52- 352b
· Delaware - None - provided Delaware Code Annotated, §4901- 3
· District of Columbia - D. C. provides an exemption equal to owner's aggregate interest in real property (No monetary or area limitations) District of Columbia Code § 15- 501. DC does not call this a homestead exemption.
· Florida - Exemption equal to value of property as assessed for tax purposes (No monetary limitations) - area limitations of ½ acre urban land or 160 acres rural land Florida Constitution, Article 10 § 4
· Georgia - Up to $5,000 in value, no area limitation. Code of Georgia, Annotated, § 44- 13-1 and 44- 13- 100
· Hawaii - Up to $20,000, but the head of a family and persons 65 years of age or older are allowed up to $30,000, no area limitation Hawaii Revised Statutes, §§ 651- 91, 92
· Idaho - Up to $50,000 in value, no area limitation Idaho Code § 55- 1003
· Illinois - Up to $7,500 in value, no area limitation. Where multiple owners, can be increased to $15,000 Illinois Compiled Statutes, Annotated, § 734 5/ 12- 901
· Indiana - Up to $7,500 for residence, up to $4,000 for additional property, no area limitation. Co-owner, if also a joint debtor, may claim additional $7,500. Annotated Indiana Code, § 34- 55- 10-2
· Iowa - No monetary limitation, but a minimum value of $500 - area limitations of ½ acre urban land or 40 acres rural land Iowa Code Annotated, §§ 561.2 and 561.16
· Kansas - No monetary limitation - area limitations of 1 acre urban land or 160 acres rural land Kansas Constitution, Article 15 § 9 and Kansas Statutes, Annotated, § 60-2301
· Kentucky - Up to $5,000 in value, no area limitation Kentucky Revised Statutes, § 427.060
· Louisiana - Up to $25,000, but may include entirety of property in cases of catastrophic or terminal illness or injury. Area limitations of 5 acres urban land or 200 acres rural land Louisiana Statutes Annotated, § 20:1
· Maine - Up to $25,000 in value, but may be up to $60,000 under certain circumstances, no area limitation Main Revised Statutes, Annotated, §4422
· Maryland - Up to $3,000, but in Title XI bankruptcy proceedings, up to $2,500, no area limitation Annotated Code of Maryland, § 11-504
· Massachusetts - Up to $300,000 in value, no area limitation Annotated Laws of Massachusetts, § 188- 1
· Michigan - Up to $3,500 in value - area limitations of 1 acres urban land or 40 acres rural land Michigan Compiled Laws, § 600.6023
· Minnesota - Up to $200,000 in value, but up to $500,000 if used primarily for agricultural purposes- area limitations of ½ acre urban land or 160 acres rural land Minnesota Statutes, Annotated, §510.02
· Mississippi - Up to $75,000 in value - area limitation of 160 acres Annotated Mississippi Code, § 85- 3-21
· Missouri - Up to $8,000 in value, no area limitation Annotated Missouri Statutes, § 513.475
· Montana - Up to $100,000 in value, no area limitation Montana Code, Annotated, §§ 70- 32-101, 70- 32- 104 and 70- 32- 201
· Nebraska - Up to $12,500 in value - area limitation of 2 lots, urban land or 160 acres rural land Revised Statutes of Nebraska, § 40-101
· Nevada - Up to $125,000 in equity, no area limitation Nevada Revised Statutes, § 115- 010
· New Hampshire - Up to $50,000 in value, no area limitation New Hampshire Revised Statutes, Annotated, § 480:1
· New Jersey - No homestead exemption is provided, but an exemption for personal property of up to $1,000 is allowed New Jersey Statutes, Annotated, § 2A: 17- 1 and 2A: 17-17
· New Mexico - Up to $30,000 in value, no area limitation New Mexico Statutes, Annotated, § 2-10-9
· New York - Up to $10,000 above liens and encumbrances in value, no area limitation Consolidated Laws of New York, Annotated, CPLR § 5206
· North Carolina - Up to $10,000 in value, no area limitation General Statutes of North Carolina, Annotated, §1C- 1601 and North Carolina Constitution, Article X
· North Dakota - Up to $80,000 in value, no area limitation North Dakota Century Code, Annotated, § 47- 18- 01
· Ohio - Up to $5,000 in value, no area limitation Ohio Revised Code, § 2329.66
· Oklahoma - Unlimited in value - area limitations of 1 acre urban land or 160 acres rural land. However, where using more than 25% of property for business purpose, the value drops to $5,000. Oklahoma Statutes, Annoted, §§1 and 2
· Oregon - Up to $25,000 in value - area limitations of one city block if within a city or 160 acres rural land Oregon Revised Statutes, § 23.240
· Pennsylvania - No homestead exemption provided, but a general monetary exemption of $300 exists. Pennsylvania Consolidated Statutes, Annotated, §§ 8121, et. Seq.
· Rhode Island - Up to $150,000 in value, no area limitation General Laws of Rhode Island, § 9- 26- 4.1
· South Carolina - Although no homestead exemption is provided, an exemption for personal and real property of up to $10,000 in value may include property claimed as a residence Code of Laws of South Carolina, § 15- 41-30
· South Dakota - No monetary limitation - area limitation of one dwelling house and contiguous lots used in good faith South Dakota Codified Laws, §§ 43-31-1 and 43-31-4
· Tennessee - Up to $5,000, but may be up to $7,500 if claimed by two persons as a homestead, no area limitation Tennessee Code, Annotated, § 26-2-301
· Texas - No monetary limitation - area limitation of 10 acres urban land or 100 acres of rural land if claimed by a single person. A family may claim 200 acres of rural land Texas Property Code, Annotated, §§ 41.001 and 41.002 and Texas Constitution, Article 16 § 51
· Utah - Up to $20,000 in value, but only $5,000 in value if property is not primary residence - area limitation of 1 acre Utah Code, §78-23-3
· Vermont - Up to $75,000 in value, no area limitation Vermont Statutes Annotated, Title 27, § 101
· Virginia - Up to $5,000, but may be increased by $500 for each dependant residing on property, no area limitation Code of Virginia, §34-4
· Washington - Generally, up to $40,000 in value, but may be unlimited if used against income taxes on retirement plan benefits, no area limitation Revised Code of Washington, Annotated, § 6.13.030
· West Virginia - Up to $5,000 in value, but an additional $7,500 may be available in cases of "catastrophic illness or injury," no area limitation West Virginia Code, Annotated, §§ 38-9-1 and 38-10-4
· Wisconsin - Up to $40,000 in value. No area limitation. - Wisconsin Statutes, Annotated, § 815.20
· Wyoming - Up to $10,000 in value. Each co-owner is entitled to a homestead exemption. Wyoming Statutes § 1-20-101