Homestead Exemption

In one sentence

A legal protection that shields a primary residence from creditors' claims up to a certain value.

Plain English

A homestead exemption is a law that protects your home from being seized to pay debts. When you claim a homestead exemption, a portion of your home's value becomes off-limits to creditors, even if you file for bankruptcy or lose a lawsuit. The amount protected varies by state, and you typically must file a declaration to activate the protection.

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Example

You own a home worth $300,000 and live in a state with a $250,000 homestead exemption. If you declare bankruptcy, creditors can only reach $50,000 of your home's equity; the rest is protected.

Used in a sentence

The homestead exemption allowed the family to keep their house despite the judgment against them.

How Homestead Exemption differs by state

Homestead Exemption can apply differently depending on the state. Click a state to see local specifics.

Alabama
Alabama protects up to $5,000 of home equity for heads of household, with unlimited protection for homeowners age 65+.
Alaska
Alaska offers one of the nation's most generous homestead exemptions: unlimited protection for primary residences up to 160 acres.
Arizona
Arizona exempts up to $150,000 of primary residence equity for individuals and $300,000 for married couples or families.
Arkansas
Arkansas provides unlimited homestead protection for a primary residence without a dollar cap or acreage limit.
California
California exempts $75,000 to $300,000 of primary residence equity depending on household composition and prior exemption use.
Colorado
Colorado protects up to $75,000 of home equity for most homeowners, with higher limits for seniors and disabled persons.
Connecticut
Connecticut offers a modest homestead exemption of $75,000, applying only to judgment liens and not to mortgages or taxes.
Delaware
Delaware provides no homestead exemption; homes remain fully exposed to creditor claims regardless of primary residence status.
Florida
Florida offers unlimited homestead protection for primary residences, shielding the entire home value from most creditor claims.
Georgia
Georgia exempts $25,000 of home equity for most homeowners, with higher limits for seniors, disabled persons, and surviving spouses.
Hawaii
Hawaii protects up to $30,000 of home equity for a single person, $50,000 for a family.
Idaho
Idaho exempts up to $100,000 of home equity for a primary residence without a homestead declaration requirement.
Illinois
Illinois exempts up to $15,000 of home equity for a principal residence without requiring a homestead declaration.
Indiana
Indiana exempts up to $15,000 of home equity for a principal residence without a declaration requirement.
Iowa
Iowa exempts up to $100,000 of home equity for a principal residence without requiring a homestead declaration.
Kansas
Kansas protects up to $15,000 of home equity for individuals and $30,000 for families or seniors.
Kentucky
Kentucky exempts $5,000 of home equity from creditors, with no special increase for seniors or families.
Louisiana
Louisiana exempts $160,000 of primary residence value from forced sale by creditors, with no dollar cap on certain debts.
Maine
Maine exempts $160,000 of primary residence equity from creditors, with an additional $8,000 for dependents.
Maryland
Maryland exempts $25,000 of primary residence equity from creditors, with no increase for family size or age.
Massachusetts
Massachusetts protects up to $500,000 of home equity for married couples filing jointly; unmarried owners receive $125,000.
Michigan
Michigan exempts up to $63,100 of home equity (adjusted annually for inflation) without requiring advance registration.
Minnesota
Minnesota exempts up to $390,000 of home equity (adjusted annually) and requires filing a declaration to preserve the exemption.
Mississippi
Mississippi exempts up to $75,000 of home equity and applies automatically without requiring prior registration or filing.
Missouri
Missouri exempts up to $15,000 of home equity and requires filing a homestead declaration to activate the exemption.
Montana
Montana protects up to $250,000 in home equity for debtors, with no homestead declaration required.
Nebraska
Nebraska exempts homesteads up to 160 acres of rural land or two city blocks, with no dollar limit.
Nevada
Nevada exempts primary residences up to $550,000 in equity, with no homestead declaration needed.
New Hampshire
New Hampshire exempts primary residences up to $120,000 in equity and requires filing a homestead declaration.
New Jersey
New Jersey offers no homestead exemption; creditors may pursue primary residences without a statutory shield.
New Mexico
New Mexico protects up to $30,000 of home equity for heads of household, with higher limits for elderly or disabled owners.
New York
New York offers a $75,000 homestead exemption that protects primary residences from judgment creditors but not mortgage lenders.
North Carolina
North Carolina does not offer a homestead exemption; creditors may pursue primary residences except in bankruptcy.
North Dakota
North Dakota protects up to $100,000 of home equity for all homeowners, with no age or disability restrictions.
Ohio
Ohio exempts up to $136,925 of home equity (adjusted annually) for primary residences in bankruptcy and judgment cases.
Oklahoma
Oklahoma protects up to $5,000 in home equity for individuals and $10,000 for families from most creditors.
Oregon
Oregon exempts $40,000 of home equity ($60,000 for seniors or disabled persons) from creditor claims.
Pennsylvania
Pennsylvania offers no general homestead exemption; protection depends on federal bankruptcy law or specific creditor types.
Rhode Island
Rhode Island exempts $300,000 of primary residence equity from creditor claims.
South Carolina
South Carolina provides no homestead exemption; homes remain fully exposed to creditor claims.
South Dakota
South Dakota offers one of the nation's most generous homestead exemptions with no dollar limit on primary residence protection.
Tennessee
Tennessee exempts $25,000 of home equity for a single person and $50,000 for a married couple or head of household.
Texas
Texas provides unlimited homestead protection for primary residences, with no cap on the equity shielded from creditors.
Utah
Utah exempts $40,000 of primary residence equity, with an additional $10,000 available if the owner is over 65 or disabled.
Vermont
Vermont exempts $125,000 of primary residence equity, one of the higher dollar-amount protections in the nation.
Virginia
Virginia offers no homestead exemption; creditors can pursue primary residences without statutory protection.
Washington
Washington exempts up to $125,000 of home equity from creditor claims, adjusted annually for inflation.
West Virginia
West Virginia exempts up to $25,000 of home equity from creditor claims without requiring formal declaration.
Wisconsin
Wisconsin exempts the entire primary residence from creditor claims, with no dollar limit on equity protection.
Wyoming
Wyoming exempts up to $20,000 of home equity from creditor claims, with automatic protection upon occupancy.
District of Columbia
D.C. offers no homestead exemption; creditors can pursue primary residences without statutory protection.

Related terms

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.